How To Prove Negligence in a Wrongful Death Case

What Does It Mean To Prove Negligence in a Wrongful Death Case?

It’s essential to know the four elements of a wrongful death lawsuit. The first is to demonstrate that negligence occurred. This means showing that the defendant owed your loved one a duty of care.

Your lawyer will need to establish that they breached that duty of care, followed by proving causation. This means that the defendant’s conduct led directly to your loved one’s death.

Finally, it’s necessary to prove that the plaintiff’s family suffered losses because of the defendant’s conduct.

What Situations Require Proving Negligence? 

In a wrongful death claim that was the result of an accident, you will need to prove negligence. Examples include car accidents, premises liability cases, like falls, medical malpractice, product liability, and even workplace accidents, when there is a third party involved in the accident that caused your loved one’s death.

What Evidence Is Used To Prove Negligence? 

Proving negligence in wrongful death cases requires gathering a substantial amount of evidence. The exact circumstances around your loved one’s death will dictate the types of evidence you will need. Typically, you’ll need to begin by establishing that a relationship existed between your loved one and the defendant.

If the defendant was your loved one’s landlord, for example, you can use the lease agreement to show that a duty of care existed. When dealing with medical malpractice, anything that shows your loved one received care from the defendant can be useful.

You will then need evidence to show that the defendant breached their duty of care.

Examples of evidence that could establish this breach include:

• Medical records
• Police reports
• Surveillance footage
• Photos
• Inspection logs
• Maintenance schedules
• Witness statements

To show that the defendant’s conduct directly resulted in your loved one’s death, everything from medical records to expert testimonies can be helpful. After proving the breach, you’ll need to show the losses your family suffered, which can be done by gathering medical bills and other receipts.

Why Can Proving Negligence Be Difficult?

When it comes to wrongful death and negligence claims, proving that the defendant is liable is not easy. This is because the plaintiff must establish that the other party caused your loved one’s death “by a preponderance of evidence.”

It’s especially difficult to establish negligence when it comes to medical malpractice because you must show that another professional would not have acted in the same manner.

How Does Comparative Negligence Affect a Case in Colorado? 

Colorado operates under modified comparative negligence laws. These allow the plaintiff to still recover losses if they were partly to blame for their injuries, as long as their liability is 50% or less.

There is a catch, however. Generally, the settlement or award is reduced by the percentage of fault the plaintiff is assigned.

How Can a Lawyer Help Prove Negligence? 

Our lawyers know how to gather the most helpful evidence to demonstrate that your loved one died as a result of negligence. Using this evidence, your attorney can put together a clear case that establishes causation and illustrates losses that the family suffered.

You can expect insurance companies to do everything they can to dispute that negligence occurred. With an attorney assisting you, you have a better chance of succeeding in your claim.

What Compensation May Be Available?

In a wrongful death claim in Colorado, you can receive damages. Economic damages address the medical expenses your loved one incurred before dying, as well as lost wages and future earning potential. In fact, the plaintiff’s dependents can receive compensation for all of the income that the person would have made throughout their working life.

Funerary expenses can be covered, too, as well as the loss of benefits, like medical insurance and retirement. If your loved one provided services, like childcare, you can also be compensated for the loss of these.

Additionally, non-economic damages may be available as well. They can cover loss of consortium, which compensates you for the loss of support and companionship that you’ve experienced. You can also receive compensation for pain and suffering.

When Should You Contact a Lawyer? 

It’s essential that you contact a wrongful death attorney from our team as soon as your loved one passes. These are highly complicated cases that you should not attempt alone.

If there are any disputes regarding liability or if the case involves medical malpractice, you should immediately reach out to us.

How Can Bachus & Schanker Help?

At Bachus & Schanker, we have been through wrongful death claims in our personal lives, so we understand exactly what you’re facing. That is why we offer comprehensive and compassionate assistance to guide you through every step of the claims process, along with our Victim’s Advocates team.

We can investigate the circumstances surrounding your loved one’s death and put together a strong case to fight for fair compensation. You deserve to focus on healing from your loss while we handle the rest.

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