June 9, 2022

How to Prove Negligence in a Wrongful Death Claim

One of the most important parts of filing a wrongful death claim is proving negligence. If negligence cannot be proven, then a wrongful death claim could be denied. Learning about the legal grounds for filing a wrongful death claim can be helpful. Discussing your situation with a Jackson wrongful death lawyer can also be helpful for building your case.

When You Can File a Wrongful Death Claim

A wrongful death claim can be filed based on a tortious injury. According to tort law, a tort is an action or a failure to act that causes harm to someone else. This harm must involve liability and an injury of some kind. The three main types of torts are:

  • Negligent torts, How to Prove Negligence in a Wrongful Death Claim, Germany Law Firm PLLC
  • Intentional torts
  • Strict liability torts

Negligent torts apply when someone engages in actions that are unsafe. This may include reckless, careless, or dangerous behaviors that put others at risk. In some cases, this could also mean carelessness in the failure to take action to prevent harm. For example, a driver who fails to check the blind spot could be deemed negligent if a car accident happened as a result.

Intentional torts describe actions or failures to take action that were purposefully done. This often looks like physical assault, battery, and other acts of violence toward others. False imprisonment and inflicting emotional distress through verbal abuse may also count as intentional torts.

Strict liability torts do not care about intention or negligence, but whether specific harm was caused. The most common form of a strict liability tort is a defective product that causes harm to a customer. Exploding batteries, for example, may result in tragic deaths.

If the circumstances surrounding the loss of your loved one involved a negligent, intentional, or strict liability tort, then you might be able to sue. This would mean filing a wrongful death claim.

How to Prove Negligence for a Wrongful Death

Proving negligence, intention, or strict liability in a wrongful death claim can be challenging depending on various factors. A lack of evidence and witnesses can make proving your wrongful death case much harder. The evidence you need will vary depending on the situation and cause. Many people collect evidence in the form of:

  • Pictures of the accident scene
  • Notes about what happened
  • Police reports
  • Supporting documents like a death certificate and medical records
  • Witness statements

Not only must you prove negligence, but you must also prove that the death was not caused by the person’s own actions. This can become complex when the person being sued starts making up false claims. Consider contacting a Jackson wrongful death lawyer if you have concerns about any of this.

Wrongful Death Lawyer in Jackson

The pain of losing a loved one to an accident can be overwhelming. Consider contacting Germany Law Firm, PLLC at (607) 487-0555 to talk to a Mississippi wrongful death attorney for a consultation today. Our experienced legal team might be able to increase your chances of compensation for funeral costs, emotional distress, and lost income. We can be found throughout Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.

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