• Skip to primary navigation
  • Skip to main content
  • Skip to footer

(256) 536-0770   •   (800) 804-2502

info@law-injury.com

  • Facebook
  • LinkedIn
  • YouTube
Siniard Timberlake & League

Siniard, Timberlake & League

  • Practice Areas
    • Automobile Wrecks
    • Construction Accidents
    • Insurance Disputes
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury
    • Product Defects
    • Slip & Falls
    • Work Related Accidents
    • Wrongful Death
  • Blog
  • FAQs
    • Video FAQs
      • Lawyer FAQ Videos
      • Personal Injury FAQ Videos
      • About Siniard, Timberlake, and League Videos
      • Legal Terms Explained Videos
      • Lawsuit Question Videos
      • LawCall with WAAY 31
  • About Us
    • Meet Our Team
    • Our Location
  • Newsletter
Contact Us

How Do You Prove a Wrongful Death Case?

September 14, 2020 by Siniard, Timberlake & League, P.C.

Losing a loved one to death can be a difficult obstacle to overcome. But losing a loved one due to someone else’s actions can be even more devastating, especially if the loss was unexpected.

Likewise, wrongful death lawsuits can be brought against someone who, through intentional actions or negligence, caused another’s death.  The deceased’s estate or family can bring a lawsuit against the responsible party.  Often, these claims are filed if the family could not get justice through criminal charges.

Wrongful Death Claim Examples

Some of the more common reasons that a wrongful death claim can be filed include:

  • car accidents
  • medical malpractice
  • criminal actions
  • defective products
  • childcare neglect

Proving a Wrongful Death Case

Wrongful death lawsuits can be won even if no criminal charges are filed against the defendant.

Because they are civil cases, wrongful death lawsuits do not require “proof beyond a reasonable doubt.” That is only required in criminal cases.

However, any evidence that is presented in a civil case should support the plaintiff’s claims.

The evidence must show that the defendant’s negligence, or carelessness, resulted in death. Three areas are used to show negligence.

These areas are:

  • Duty of Care
  • Breach of Duty
  • Cause of Death

Duty of Care:  Duty of care is the obligation of a person or organization to take all reasonable measures to prevent actions that could result in harm to others.  

Example: A motorist has a duty of care to drive safely and protect others from harm.

All motorists have a minimal obligation to keep themselves and others safe while operating a motor vehicle.

That means that all motorists should obey traffic laws, not drive distracted, maintain the condition of their vehicles, not drive under the influence of drugs or alcohol, and adhere to any signs that control the flow of traffic.

In wrongful death claims, everything the defendant did or did not do while driving a vehicle will be examined. This examination will be used to see whether or not he was responsibly operating the vehicle.

If it is found that the motorist’s actions were below the minimal standard, like those mentioned above, then he did not maintain duty of care.

Breach of Duty:  Once duty of care is established, the next step is determining how that duty was breached.  

Example: A motorist is speeding, driving drunk, or driving recklessly, which results in harm to others.  

Failing to observe traffic laws, not paying attention to posted traffic signs, speeding, speeding while driving in hazardous conditions, swerving in and out of traffic, driving impaired, or texting while driving are all actions that can be considered a breach of duty.

If a motorist is found to have committed any of these violations, he did not perform his minimal duty of maintaining the safety of others.

Statements from passengers, eyewitnesses, and bystanders; video from cell phones or traffic lights; and even pictures can be used to prove a breach of duty.

Cause of Death:  If duty of care is established and that duty was breached, then it must be proven that breach of duty caused harm to another person.  

Example: A motorist with a blood-alcohol level above the legal limit gets behind the wheel, drives, and causes the death of another. Ultimately that person failed to take reasonable measures to prevent harm. 

If a motorist hits another person’s car while driving drunk, and the individual who was hit is killed, that action directly caused the death.

It is illegal to drive with a blood-alcohol level higher than the legal limit, and drug and alcohol tests can be used to prove those actions contributed to the death.

Likewise, accident reports and statements from witnesses, law enforcement, and medial and legal professionals can also be used to prove that the actions of one individual resulted in the death of another.

Additionally, an attorney can collect and examine evidence that can be directly credited to the death.

When Should I Contact an Attorney?

Even though it may appear that a wrongful death claim is obviously present, it is wise to consult with a legal professional who understands the law and your rights.

You should contact an attorney as soon as there is any indication that you might have a legal claim of wrongful death.  It is in your best interest to fully understand which factors may impact a claim. An experienced attorney can answer all of your questions and provide guidance. 

Contact us for a FREE Consultation

Category iconWrongful Death

Super Lawyers Best Lawyers Alabama Association for Justice Best Law Firms The National Trial Lawyers

Footer

Siniard Timberlake and League Logo
  • Disclaimer
  • LawCall
  • Privacy Policy
  • Terms of Service

Recent Posts

  • 5 Signs of Nursing Home Abuse
  • How to Avoid Holiday Party Liability
  • What Happens if I Wreck My Friends Car?
  • Facebook
  • LinkedIn
  • YouTube

Copyright © 2021 Siniard, Timberlake & League, P.C. All rights reserved. Return to top


Although we handle cases throughout Alabama, Tennessee, and Georgia, our primary practice areas are in North Alabama and Southern Tennessee. We serve the following localities: Colbert County including Tuscumbia and Muscle Shoals; DeKalb County including Fort Payne; Etowah County including Gadsden; Jackson County including Scottsboro; Lauderdale County including Florence; Lawrence County including Moulton; Limestone County including Athens; Madison County including Huntsville and Madison; Marshall County including Albertville, Boaz, and Guntersville; and Morgan County including Decatur and Hartselle. In Tennessee we serve Giles County including Pulaski; Lawrence County including Lawrenceburg; Lincoln County including Fayetteville; and Franklin County including Winchester.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.