How Can You Prove Liability in Wrongful Death Lawsuits?
Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. When a loved one’s death could have been prevented but occurred as a result of another party’s actions or lack thereof, your surviving family members may have grounds to file a wrongful death lawsuit.
However, establishing fault and liability in a wrongful death lawsuit can be complicated, and can impact your ability to pursue compensation. At Abrahamson Law Office, in Omaha, Nebraska, we understand that pursuing justice in these cases can be incredibly challenging.
Our attorneys are committed to helping you understand how liability is determined in wrongful death cases and how it could impact your claim. Contact our firm today for additional guidance and legal representation. We are here every step of the way.
What Is a Wrongful Death Claim?
A wrongful death refers to when an individual dies as a result of another person or entity’s negligence or wrongful actions. The purpose of such a claim is to provide the surviving family members or dependents with financial compensation to help cover the economic and non-economic losses they sustained due to the death of their loved one.
In Nebraska, wrongful death lawsuits can only be brought by a designated representative of the deceased’s estate and must be filed within two years of your loved one’s death. Proving liability is one of the most critical components of any wrongful death case, as it directly affects the outcome of the case.
Key Elements of Proving Liability in a Wrongful Death Case
When it comes to proving liability in a wrongful death lawsuit, the burden of proof will lie on the surviving family members. As the designated representative of the deceased's estate, you will need to demonstrate that the defendant’s actions or negligence directly resulted in your loved one’s death. To do so, they must establish the following four key elements:
1. Duty of Care
You must demonstrate that the defendant owed a duty of care to the deceased. A duty of care is the legal obligation to act in a reasonably safe and responsible manner to prevent harm to others. For example, a driver has a duty of care to operate their vehicle safely, a property owner has a duty to maintain a safe environment, and a medical professional has a duty to provide competent care to their patients.
Our attorneys can help you establish whether the defendant had a clear duty of care in relation to your loved one. This typically involves reviewing the circumstances of the incident and analyzing how the defendant’s role indicated a legal obligation toward the deceased.
2. Breach of Duty
You must prove that the defendant breached their duty of care by acting negligently, recklessly, or intentionally in a way that violated their legal responsibilities. A breach of duty could manifest in numerous ways, depending on the case. For example, a driver who causes a fatal accident as a result of texting while driving has breached their duty of care by engaging in distracted and unsafe behavior.
Gathering evidence of a breach of duty often requires thorough investigation. This may involve obtaining surveillance footage, analyzing accident reports, reviewing medical records, or consulting with expert witnesses to outline how the defendant’s actions fell short of reasonable standards.
3. Causation
Merely proving that the defendant breached their duty of care is not sufficient. You must also demonstrate a direct link between the defendant's actions or lack of action and your loved one's death. This is known as establishing causation. Essentially, you will need to prove that the fatal incident would not have occurred if not for the defendant’s actions or negligence.
Causation can sometimes be difficult to establish, especially in cases involving multiple contributing factors. For example, if a medical malpractice case involves several healthcare providers, you may need to identify how each party contributed to the harm.
4. Damages
You will need to demonstrate that your surviving family members have suffered identifiable damages as a direct result of the wrongful death. These damages may include both economic and non-economic damages, such as medical expenses, funeral and burial costs, loss of financial support, pain and suffering, and emotional distress.
Properly documenting damages often requires gathering receipts, wage records, expert reports, and personal accounts of your emotional pain and loss. At Abrahamson Law Office, our attorneys can help you quantify the full extent of the losses you’ve endured and gather the necessary evidence to help you pursue a fair and comprehensive settlement or judgment.
Key Evidence to Support Your Wrongful Death Case
To prove liability in a wrongful death case, you will need to provide strong evidence. While the types of evidence you will need to collect may differ depending on the accident, the primary types of evidence you should gather include:
Police reports: The initial findings of the accident and an official account of the events that led to the accident (if applicable).
Witness testimonies: Statements from individuals who observed the accident or key events leading up to it.
Expert testimonies: Insights from professionals in relevant fields, such as medical experts, accident reconstructionists, or financial analysts.
Medical records: Documentation of any injuries or treatments your loved one received, and the official cause of death.
Photographs or videos: Visual evidence from the scene of the accident or incident that implicates the defendant’s role.
At Abrahamson Law Office, our team will leave no stone unturned when it comes to gathering and analyzing evidence to build a strong case on your behalf. We understand the challenges these cases present, and we have the resources and determination to fight tirelessly on your behalf. Contact us today for experienced guidance and representation.
Reach Out to an Experienced Wrongful Death Attorney in Nebraska Today
Navigating a wrongful death lawsuit can be incredibly overwhelming, especially while you’re coping with the grief and loss of your loved one. If you’ve lost a loved one due to someone else’s negligence, you have the right to seek justice by filing a wrongful death lawsuit.
At Abrahamson Law Office, we are committed to helping you hold the responsible party accountable and secure the compensation you and your family deserve. Wrongful death lawsuits are time-sensitive, so don’t wait to act.
Located in Omaha, Nebraska, we serve clients throughout Douglas County, Sarpy County, and the surrounding areas. Contact us today to schedule a consultation.