When someone you love dies because of another person’s negligence, you have the right to pursue legal action against the responsible party. Proving liability in a wrongful death case means showing that someone else’s actions—or failures to act—directly caused your loved one’s death. By establishing liability in a wrongful death lawsuit, you can secure the resources your family needs to move forward.
The Elements of Negligence in a Wrongful Death Case
Negligence is the legal standard that determines whether someone failed to exercise reasonable care, resulting in harm to another person. In Kansas City wrongful death claims, this means showing that the defendant’s negligence directly caused your loved one’s death. To build a successful case, you will need to prove four facts, known as elements:
- Duty of Care: The defendant owed your loved one a legal obligation to act with reasonable care under the circumstances. For example, drivers have a duty to follow traffic laws, doctors have a duty to provide competent medical treatment, and property owners have a duty to maintain safe premises.
- Breach of Duty: The defendant failed to meet that standard of care through action or inaction. This could include a distracted driver running a red light, a surgeon making a preventable error, or a company ignoring known safety hazards.
- Causation: The defendant’s breach of duty directly caused your loved one’s death. You must demonstrate a clear link between their negligent behavior and the fatal outcome, proving that the death would not have occurred without their actions.
- Damages: Your family suffered measurable losses as a result of the death. These damages can include funeral expenses, lost financial support, medical bills incurred before death, and the immeasurable loss of companionship and guidance.
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Key Evidence to Support Your Claim for Liability
Strong evidence is essential to proving liability and securing fair compensation for your family. The type of evidence you’ll need depends on the circumstances surrounding your loved one’s death. Here’s what can support your case:
- Accident Reports and Official Records: Police reports, workplace incident reports, and government investigations provide objective documentation of what happened.
- Medical Records and Autopsy Results: Medical documentation establishes the cause of death and links it to the defendant’s actions.
- Witness Testimony: People who saw what happened or have knowledge of the circumstances can provide powerful testimony and clarify how the defendant’s negligence led to the fatal incident.
- Expert Analysis: Specialists such as accident reconstructionists, medical professionals, or industry safety experts can explain complex details to a judge or jury. Their professional opinions help establish how the defendant breached their duty and caused your loved one’s death.
Trust Our Attorneys to Fight for the Justice You Deserve
Proving who caused your loved one’s death requires evidence, legal skill, and relentless advocacy. An expert in Kansas City personal injury law at Dollar, Burns, Becker, and Hershewe will conduct thorough investigations to build ironclad wrongful death claims. Your family’s claim will be backed by facts, precision, and our commitment to holding the guilty party accountable. Contact us at (816) 876-2600 for a free consultation and start your fight for justice today.