Three Things That Must Be Proven In Wrongful Death Claims

If you have had a loved one pass away due to the fault of another, it's definitely worth it to look into pursuing a wrongful death claim. If you are planning on doing this, you must be prepared by knowing the three things that must be proven in order for your case to be won. Here are those three things:

1. Entitlement to Claim: First of all, you must have an entitlement to make the claim. This means you were dependent upon this person either emotionally or financially. If not, then the case is difficult to prove, and more than likely, someone who is actually entitled will make the claim. Only one claim can be made upon a person's wrongful death. If you feel you have entitlement to make the claim but there are others who feel the same, then it's best to meet with a wrongful death accident lawyer together to determine who should actually start the filing process and how the costs in the end should be divided. A claim can be shared, but only one person can make the claim. 
2. Negligence: Of course, you must prove that the death was a wrongful death, which means that there is an opposite party involved that caused the death. This could be a driver on the road who was driving negligently, a company that released defective products that ultimately harmed your loved one, or a homeowner who did not keep their property safe. For example, there have been claims against homeowners in the past for having an unlocked gun around children in their home that has lead to an unfortunate death. Whatever the case, it's helpful to have a police investigation done, or if the police are refusing to act, then hiring a private investigator to provide evidence of negligence. 
3. Loss: Finally, you must be able to prove that there has been a loss due to your loved one's death. This could be either economic loss or non-economic loss. While it's fairly easy to prove economic loss with paychecks and tax returns, it's more difficult to prove non-economic loss, which would be, for example, the loss of care, love, guidance, etc. To prove this kind of loss, the nature of the relationship will need to be explained. Your lawyer can help prove this with the help of witnesses, pictures, and any other kind of document, such as letters. 

These are the three major things that must be proven in a wrongful death claim. A wrongful death lawyer can help you tremendously, especially in cases that aren't so cut and dry.