About Evidence And Proof Needed To Prove A Wrongful Death

Anyone that has lost a loved one should find it possible to empathize with a family that must deal suddenly with a death that appears caused by someone’s negligence. Legally, the term for such an incident is wrongful death. According to the laws of our legal system, relatives can go after a monetary compensation for the losses that resulted from that wrongful death.

The deceased, loved one has suffered the ultimate form of a personal injury. According to personal injury law, relatives of the deceased can claim compensation for what they allege to have been an act of negligence. So, what procedure should that family use, in order to get compensated for their financial losses?

First, the relatives of the deceased must submit a claim. Typically, a family member that was close to the wronged relative submits that claim to the court. Then everyone in that group of grieving relatives should work with a chosen injury lawyer in Oakville. Their efforts ought to focus on proving three things.

What must be proven in a court of law?

The family’s lawyer must show that the defendant owed a duty of care to the deceased. This is not hard to prove. Society expects each person to exercise a certain level of care, when dealing with others.

Next the injury lawyer must present evidence that the defendant breached his or her duty of care. If the injury lawyer’s evidence highlights the defendant’s carelessness, then that should serve as sufficient proof. Carelessness normally equates with negligence. Any demonstration of negligence gets equated with a breach of duty.

The final proof must center on the result of the defendant’s actions. Did those actions cause the family’s loved one to die? If the answer to that question is “yes,” then the jury will probably declare the family deserving of the requested compensation.

How the jury must view the evidence?

A huge amount of evidence might not sway the jury in favor of the plaintiff/family. A jury usually studies the quality and credibility of the evidentiary material. If convinced by the plaintiff’s lawyer, the jury may feel inclined to vote in favor of compensating the grieving party. In other words, the jury might feel that the presented findings confirm the accusation of a wrongful death.

What will be the value of the compensation?

Normally, the jury decides on that figure. It studies the extent to which family members have been deprived of a source of income. It also examines the extent to which those same grieving adults and children have lost a source of companionship. After making those assessments, the jury declares how much money should be awarded to the group of parents and siblings that has lost a beloved family member.