How Do You Prove Wrongful Death?

If you have lost a family member due to the intentional or negligent actions of another person, you may wonder, “How do you prove wrongful death?” Generally, you must show that the defendant’s actions caused your family member’s death, and that you suffered losses due to your loss to recover damages in a wrongful death suit. 

If you have lost a loved one due to the actions of another, you may have a wrongful death claim. Call a wrongful death lawyer at Strong Law today. (309) 393-2928.

The Wrongful Death Act in Illinois

The Wrongful Death Act in Illinois gives eligible close relatives of the decedent the right to pursue monetary compensation through a civil lawsuit. It covers fatal motor vehicle accidents caused by reckless or drunk drivers, deaths in care facilities like nursing homes, and fatal injuries in workplaces and public premises.

The Wrongful Death Act may also apply in cases where people die in hospitals. These deaths stem from medical malpractice, including prescription medication errors, surgical errors, anesthesia errors, and misdiagnosis.

Criminal acts like assault and battery could also result in a wrongful death case. If you have questions after the death of a family member, then you should consult with a wrongful death lawyer.

Key Elements for Proving Wrongful Death

You must prove four elements to receive financial compensation following your loved one’s wrongful death. A knowledgeable wrongful death attorney will investigate your case and obtain expert witness testimony and evidence to hold the defendant liable for your loved one’s death. Your attorney will also calculate the compensation that would cover the full scope of losses incurred by your family. 

The key elements of a wrongful death claim are:

The Defendant Owed a Duty of Care to Your Loved One

The duty of care refers to the legal responsibility that individuals must follow to prevent or refrain from causing harm to another person. This legal responsibility varies from one circumstance to another.

Drivers, for instance, have a legal duty to abide by traffic laws when driving or operating motor vehicles. Healthcare practitioners, on the other hand, have a legal obligation to offer treatment and care that satisfies established standards within their professional community.

The Defendant’s Actions Amount to a Breach of the Duty of Care

After demonstrating that the defendant owed your family member a duty of care, you must prove the defendant breached that duty. The type of breach will depend on the circumstance that resulted in your family member’s death.

A breach of duty can, for instance, arise if your loved one dies in hospital after he or she was prescribed the wrong medication, given the incorrect treatment, or misdiagnosed. It can also occur if your relative dies in a car crash because of an impaired or reckless driver.

Your Loved One’s Death Resulted From the Breach of Duty

This element involves demonstrating a direct link between the defendant’s action or lack of action and your relative’s death. Your attorney must conduct a detailed investigation to compile adequate evidence to identify the at-fault party and prove causation.

Some wrongful death cases involve multiple liable parties. An example is a fatal truck accident caused by a negligent truck driver, but the trucking company and truck manufacturer carry some liability as well. All liable parties should be named in your lawsuit to make sure that you recover full compensation.

The decedent may carry some percentage of liability for the accident that caused his or her death. In such a case, comparative negligence may impact your total settlement.

The Wrongful Death Caused You and Your Family to Suffer Quantifiable Damages

Besides demonstrating that the defendant’s negligent or intentional actions caused your loved one’s death, you must also show that you and your family suffered damages. You can receive economic and non-economic damages in a successful wrongful death case.

Economic damages will reimburse your out-of-pocket expenses and other losses arising from your loved one’s death. Such damages include funeral and burial expenses, accrued medical costs, and lost wages, income, and other financial support previously provided by the decedent.

Non-economic damages pay for intangible losses caused by your relative’s wrongful death. They include loss of comfort, affection, and companionship.

What Is the Legal Process for Filing a Wrongful Death Claim?

The legal process of a wrongful death claim begins with an investigation. An in-depth investigation of the details of the incident helps to establish whether grounds for a wrongful death claim exist and determine the total value of the damages and losses suffered. 

The next step is to review the details and evidence to identify all liable parties. This step entails showing that the liable party’s actions or inaction satisfy all the four key elements of a case.

Once investigations have been completed and liable parties identified, you can file a claim in the court with jurisdiction to hear the case.

Settlement Negotiations

Settlement negotiations take place between your attorney and the liable party’s insurance company.

Insurance companies often start the negotiation process by sending a settlement offer to the decedent’s family. Attorneys representing the decedent’s family may start the settlement process by sending a demand letter to the responsible insurance company.

Regardless of how the settlement process begins, both sides will strive to reach a reasonable settlement amount. You have the option to proceed to trial if you cannot reach a fair settlement amount after negotiations. It is best to have your attorney review all settlement options before you accept one to make sure that an offer is fair and includes enough compensation to cover your losses.

Most wrongful death cases have a two-year statute of limitations. As such, eligible family members must pursue compensation within two years of the decedent’s death or within two years of determining the actual cause of the decedent’s death. A wrongful death attorney can advise if exceptions to the statute of limitations may apply to your case.

How a Lawyer Can Help You Prepare for a Wrongful Death Trial

Hiring a lawyer to help you prepare for a wrongful death trial is your best shot at presenting a strong case before a judge or jury. Your lawyer will help you to navigate any obstacles you may encounter along the way, and prepare you for a trial in the following ways:

Collecting Compelling Evidence

Collecting evidence is an important step in wrongful death trial preparation. The assembled evidence will help determine liability and support the damages pursued in the lawsuit. 

Some main forms of evidence your lawyer may collect include:

• Accident Reports: This category includes police records, accident reports, or incident records detailing circumstances that resulted in your relative’s death. A review of these documents can help your lawyer understand your case better and determine if negligence, misconduct, or wrongdoing exists.
• Eyewitness Testimony: Witnesses can strengthen your claim by giving a first-hand account of the events that occurred before your loved one’s death. 
• Pictures and Videos of the Accident Scene: Pictures and videos can show how the accident that led to the decedent’s death took place. They can also show the severity of the injuries suffered by the victim.
• Medical Records: Medical documents like doctor’s notes, diagnostic reports, and other records can help prove a direct link between your loved one’s death and the liable party’s negligence.
• Autopsy Report: This report can help link fatal injuries to your family member’s death. This report contains an overview of treatment or care administered before death, what may have caused the death, pictures of the body, and a comprehensive body examination.

Determining Damages, Losses, and Expenses

Determining damages, losses, and expenses arising from your loved one’s death allows you to present an accurate picture of the financial consequences of his or her passing. Your lawyer will help you establish a compensation amount covering the full extent of your damages.

Hiring the Right Expert Witnesses for Your Case

Expert witnesses can help corroborate your claims and prove the defendant’s negligence by offering professional opinions. Your lawyer will choose the right expert for your case after carefully evaluating its unique circumstances. Expert witnesses can be medical practitioners, psychiatrists, financial professionals, or forensic experts.

Guiding You through Deposition and Cross-Examination

Your wrongful death attorney will help you prepare for these two stages in the wrongful death trial process. Deposition happens before trial and usually outside the court. It involves the defendant’s lawyer questioning you and the main witnesses under oath. Cross-examination, on the other hand, happens during trial and inside the court. It involves the defendant’s lawyer questioning your witnesses to contest their credibility and disprove their testimony.

Your lawyer can help you identify questions the other party’s lawyer may ask during either the  deposition or cross-examination. He or she will also guide you on how to answer those questions appropriately and confidently to support your case.

Arguing Your Case Before the Judge and Jury

On top of helping you prepare for the trial, your lawyer will also present your case in court and support it with convincing evidence and arguments. The lawyer understands courtroom proceedings and will advise you on how to conduct yourself during trial.

What Are the Common Challenges Faced in Proving Wrongful Death?

You may face the following challenges in your effort to prove a wrongful death claim:

Limited Evidence

Your case may lack sufficient proof to establish a direct causative link between the defendant’s actions or inaction and your loved one’s wrongful death. Insufficient evidence can make it hard to satisfy the high burden of proof associated with such cases and determine liability.

Statute of Limitations

This law sets the deadline for pursuing a wrongful death action against any liable parties. You will be barred from filing a claim once this deadline passes, unless any exceptions apply. Your case will get dismissed if you attempt to file past the deadline.

Common Defenses Raised in Wrongful Death Cases

Defendants in wrongful death cases may raise various legal defenses to reduce liability or avoid it altogether. Your lawyer should be familiar with these defenses and will know how to counter these arguments. 

The most common defenses in wrongful death cases include:

Contributory Negligence

The opposing party could claim that your loved one partially contributed to the accident that caused his or her death. In a fatal rear-end accident, the liable driver may claim that the victim partly contributed to the accident because he or she stopped for no justifiable reason.

Missing the Statute of Limitations

The defendant may request the court to dismiss your case on the grounds of late filing. The court may grant this request if it determines that you missed the state-imposed filing deadline. You should involve a lawyer immediately after the wrongful death of your loved one to ensure timely filing. Your wrongful death lawyer can also help prove that late filing is justified, especially if an exception to the deadline applies to your case.

No Breach of Duty

The defense could claim that the defendant’s actions do not qualify as a breach of duty. The defense could argue that something else, such as a pre-existing condition or another accident, caused your loved one’s death.

Risk Assumption

This defense involves claiming that the victim knew and voluntarily consented to the risk of injury or death when participating in a specific activity. An example is entering a swimming pool without a lifeguard, and the pool contains warning signs like “you are swimming at your own risk” and “no on-duty lifeguards.” In such a situation, the defendant could argue that the decedent knew and accepted the risk of swimming in a pool without a lifeguard.

The loss of a family member can take a toll both emotionally and financially on your family. If you lost a loved one due to the actions of another, you may be able to file a wrongful death lawsuit to recover damages. Contact a lawyer at Strong Law today to set up a free consultation.