How to Prove Negligence in a Wrongful Death Case

The loss of a loved one is always devastating, and very little that others can say can fix the pain that you feel. And if someone else caused their death – or could have prevented it – your pain is likely that much sharper. And you deserve justice. Virginia law gives the survivors of wrongful death victims a pathway to seek reparations, so let us tell you what you need to know.

The 4 Legal Elements Required to Prove Negligence

Virginia law defines a wrongful death as one caused by the wrongful act, neglect, or default of another party. The personal representative of the decedent’s estate (which may be a spouse, child, parent, sibling, or other trusted person) may file a lawsuit against that other party to pursue compensation for the death. However, in order to prove negligence, that representative must demonstrate four fundamental elements.

Duty of Care

The representative must first establish that the defendant owed a legal duty of care to the deceased. This duty can look different depending on the relationship between the parties. For instance, drivers owe others around them a duty to operate their vehicles safely and follow traffic laws; medical professionals must provide care that meets established standards; property owners must maintain safe premises for guests and visitors; and manufacturers must ensure the reasonable safety of their products.

Breach of Duty

Once you establish a duty of care, you must prove the defendant breached that duty through action or inaction; in other words, you need to prove that they behaved without the level of care that another reasonable person would exercise under similar circumstances.

For example, you need to prove that the at-fault driver was texting while driving, that the doctor failed to diagnose a treatable condition, or that a property owner ignored dangerous conditions.

Causation

Third, you need to prove that the defendant’s breach directly caused your loved one’s death. Many attorneys find it difficult to establish causation, so you may need the testimony of experts to connect the defendant’s actions to the outcome.

Damages

Last, you need to prove that the death resulted in losses for you and any other survivors. Though these losses can include tangible losses like medical expenses, they can also include intangible losses like the loss of the decedent’s companionship and counsel.

Common Scenarios Where Negligence Leads to Wrongful Death

Traffic-related cause a tragically high number of wrongful deaths. In one recent year, the state of Virginia saw 907 fatalities due to car accidents, with 449 of those related to speeding and 293 related to driving under the influence (DUI). Other causes of fatal vehicle accidents included an occupant’s refusal to use a seatbelt and crashes with pedestrians or motorcycles.

When a healthcare provider fails to deliver care according to accepted standards, their lack of professionalism, including surgical errors, medication mistakes, misdiagnosis or delayed diagnosis, birth injuries, anesthesia errors, and failure to provide appropriate care, can lead to wrongful deaths.

By law, property owners have a responsibility to maintain the safety of their property for visitors and guests. When they fail to do so, they can directly or indirectly cause fatal slip and fall accidents, swimming pool drownings, fire hazards, toxic exposure, and structural failures.

Evidence Needed to Prove Negligence in a Wrongful Death Lawsuit

When a personal representative of the deceased person’s estate brings a wrongful death suit against the at-fault party, the court often requires evidence of the negligent behavior. Successful suits often include accident reports and police investigation reports, photographs and video of the accident scene, medical records and autopsy reports, maintenance logs in the case of vehicle or property accidents, safety violation documentation, and records of internal communications.

You may also need expert witnesses to explain complex issues to judges and juries, especially in the case of medical malpractice accidents: They can help explain the cause of death and standard of care in layman’s terms for a jury, while accident reconstruction specialists and safety compliance experts can distill complex laws for the court.

If an eyewitness observed the incident, they can provide valuable first-hand testimony to establish the pattern of events; family members can testify about their relationship to the deceased and the impact that their death had; first responders who attended the scene can give their evaluation of what happened based on what they saw. Your lawyer can also use visual aids, such as computer simulations of accidents, medical illustrations, charts showing financial impact, timeline presentations, and maps or diagrams, to help juries understand exactly how much damage the at-fault party’s negligence caused.

In Virginia civil cases, including wrongful death claims, you must prove by a preponderance of the evidence that the at-fault party acted negligently. In other words, you need to demonstrate that it is more likely than not that the defendant’s negligence caused your loved one’s death.

Why Do You Need Legal Help with Proving Negligence in a Wrongful Death Case?

The Virginia statute of limitations generally gives the representatives of a deceased victim two years from the date of death to file a wrongful death lawsuit. This makes securing legal counsel in a timely manner essential. If you want to demand the justice that your case deserves and help ease the pain and suffering that you and your loved ones feel after the accident, you need to act quickly; a competent wrongful death attorney in your area can help you preserve critical evidence, identify the liable parties, and build a compelling case while you focus on healing.

If you have lost a loved one due to someone else’s negligence, the team at CHASENBOSCOLO will offer you compassionate guidance and aggressive representation. We have the experience, resources, and commitment to help you establish the critical elements of negligence, calculate the full extent of your deserved compensation, and advocate tirelessly for your rights.

Seek Justice Through a Wrongful Death Case with CHASENBOSCOLO

Seasoned legal representation can make all the difference when pursuing a wrongful death case; you don’t need to face this journey alone. Trust our wrongful death attorneys at CHASENBOSCOLO to help you through this challenging time.

Contact us at (301) 220-0050 or fill out our online form for a free consultation today to discuss how we can help you. Our office location in Fairfax, Virginia, allows us to guide families in the surrounding area through the legal process with dignity. Get in touch with us today.