Home Articles Top 5 Ways to Prove Fault in a Wrongful Death Case

Top 5 Ways to Prove Fault in a Wrongful Death Case


Losing someone is never going to be easy, but when you lose someone through circumstances that should never have existed in the first place? That can be particularly difficult to handle.

Although you might never recover the feelings, love, and affection you had with your loved one, you can at least get compensation for their wrongful death. Filing a lawsuit might be the last thing on your mind, but it can help to recover the expense caused by the whole horrible scenario.

How to Prove a Wrongful Death

So if you have been affected by a loved one’s wrongful death, here are some of the best ways there are to prove it.

Get Representation

Faith Based Events

The first thing you ought to know about proving a wrongful death case is that you need to get an expert involved. Wrongful death attorneys are specialists in what they do. They have studied exactly what you are going through right now, and know where you should go from here. If you need one and you live in Oregon, check out this Portland injury lawyer with great reviews and a strong track record of success.

Prove the case in Four Parts

Wrongful death cases depend on four different factors[1]. There must be proof that the deceased was killed by someone’s negligence. It may need to be proven that someone had a breach of their duty of care. It then has to factor the cause into account and decide what the damages are and how they are paid.

Gather  Evidence

You have the burden of proof in the case of wrongful death. However, the amount of proof needed is lower than normal since there is the presence of a death certificate. If someone has been killed in the line of duty at work, then that employer might well be liable.

To gather evidence, speak to witnesses such as medical staff and anyone who was with your loved one at the scene of the death. Gather dates and times, receipts for expenses caused, and keep accurate medical notes of your own.

Photograph Everything

If you can, go to the scene of the death and take photographs of how the area was laid out. Of course, nobody expects you to go straight away, but taking photographs of the area can help. You should also record your injuries and recovery stages with photos, too.

Prove the Duty of Care

If all else fails, establish that somebody wronged your loved one through failure in the duty of care, thereby causing their death. If this can be established then your case will be much stronger. Some great examples of duty of care is the bond between a doctor and a patient, an employer having to keep employees safe on their premises, and leisure parks making sure their rides are safe.

[1]        https://en.wikipedia.org/wiki/Wrongful_death_claim