How to Prove Wrongful Death
Proving wrongful death can be best established by evidence that is permitted in the courtroom. Such courtroom evidence can include testimonies from a witness, images or videos, among other facts. Such points that may serve as evidence to prove a wrongful death are aimed at answering the following questions.
Let’s dig into some of these inquiries:
Was the offender negligent?
The offender is the person who might have caused the death in the first place due to acts of negligence. Legally, ‘negligence’ is a term that means a reasonable person would not have committed same thing in normal condition. In this case, the jury is asked whether the offender was negligent. At this point, the jury will decide if the offender did something that a rational thinking person would not have done.
The jury usually consists of 12 individuals. A majority of nine people out of the twelve would be required to decide if the evidence has proven enough that the offender was negligent. Where nine or more decide that the offender was negligent, more inquiries will follow such as:
- Was the offender’s negligence actually the cause of the damage?
- What were the economic damages, and
- What are the non-economic damages?
To win a wrongful death case, you’ll need to provide proof as well as hire experienced Florida lawyer that will help you get things right. You will be required to provide concrete evidence that reveals that your loved one died as a result of someone else’s negligence.
It doesn’t matter if your loved one was killed as a result of medical abuse, or hit by a drunk driver, or purposely killed by someone; you’ll need to prove the following points in order to win your case:
- Damages: You must be able to prove that the casualty’s death actually resulted in damages including financial losses.
- Duty of care: To prove that the offender was negligent, he or she must have owed the casualty a duty of care, or had a responsibility to cease from doing something that would hurt a person.
- Causation: The complainant must be able to prove that the offender’s actions caused the casualty’s death. In a medical malpractice scenario, you will need to provide proofs that the offender is actually the person that caused the death, and nothing else.
- Breach of duty: The complainant must provide evidence that the offender violated his or her duty of care. In a drunk-driving scenario, the casualty’s side must be able to provide proof that the driver was actually intoxicated while driving.