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Home » Frequently Asked Questions » How Do You Prove Wrongful Death?

How Do You Prove Wrongful Death?

A daughter comforting her sad mother

If you are looking to hold someone accountable for the wrongful death of your loved one, you will need to prove that it was another party’s negligent behavior or a wrongful act that caused their death.

Sometimes, this is easier to do. In many cases, however, you will need to gather substantial evidence that shows it was someone else’s negligence or lack of care that led to the passing of your loved one. We can help you to gather all the essential elements of a wrongful death claim.

We Can Help You Prove Challenging Wrongful Death Cases

When a family loses someone they love, the evidence may clearly point to a negligent party who caused their death. However, some cases can be more challenging and harder to prove.

For instance, if your loved one was a pedestrian killed by a drunk driver, this may be a clear case of wrongful death. On the other hand, if your loved one’s illness was worsened due to a doctor’s failure to diagnose, this could be a more complicated case to prove.

Wrongful death cases may result from:

  • A motor vehicle accident
  • Medical malpractice
  • Nursing home abuse or neglect
  • Accidents related to premises liability
  • And more

The circumstances surrounding your loved one’s death will play a large role in how you prove you have a viable wrongful death case. A medical malpractice claim will require very specific evidence, which will differ from the evidence required in a car accident case.

We can ensure that the appropriate evidence is collected to demonstrate negligence.

For a free legal consultation, call (312) 598-0739

Proving Wrongful Death in a Car Accident Case

While some car crashes don’t stem from another party’s negligent behavior, many of them do. If your loved one was killed in a car accident that involved another driver, you will need to identify what it was that the other motorist was doing at the time of the accident.

Some common causes of fatal car accidents include:

  • Texting while driving
  • Speeding
  • Driving while under the influence of alcohol
  • Driving while fatigued

To prove a driver was negligent, we can help you gather police reports, witness statements, dashboard camera footage, phone records, and any other evidence that might identify what it was that the driver was doing wrong.

If your loved one was involved in a single-vehicle accident or a crash that didn’t stem from driver negligence, perhaps the vehicle itself needs to be inspected. Sometimes, vehicles are manufactured with defective parts. Some examples of defective parts that can lead to a fatal accident and wrongful death case include:

  • Defective tires
  • Faulty brakes
  • Defective airbags that failed to deploy

Proving Wrongful Death in Other Types of Cases

Wrongful death cases don’t only stem from car accidents. In fact, doctors and hospitals can be sued for wrongful death, as can nursing home facilities. For instance, if a doctor failed to diagnose a patient and they passed away, they could be sued for wrongful death.

However, in order to prove wrongful death in a medical malpractice case, you will need to show that the doctor deviated from the standard level of care expected in that situation. We can gather expert testimony and essential evidence needed to satisfy this element of your case.

Nursing Home Abuse Cases

When a nursing home resident passes away due to abuse or neglect, you could take action against the nursing home.

For instance, if a resident was neglected for extended periods of time and this caused their health to deteriorate, the facility could be held accountable for their death. The same applies if the resident was pushed or shoved and suffered a fatal injury after falling.

We can help you determine what the true cause of your loved one’s death was and can tell you if negligence played a role. To do so, we may call in the help of medical experts and other professionals to determine who may be responsible for your loved one’s harm.

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Hiring an Attorney to Help File a Wrongful Death Lawsuit

Once you have established that your loved one passed away because of someone else’s carelessness or recklessness, you can then file a wrongful death claim or lawsuit.

Each state has its own laws that govern wrongful death lawsuits, some of which limit the amount of compensation that can be recovered as well as who in the family is eligible to come forward with the civil action. In addition to these laws, all states have set a deadline (known as the statute of limitations) to have a wrongful death lawsuit filed.

In Indiana, the statute of limitations for wrongful death lawsuits is two years, according to 740 ILCS 180/2.

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Contact The Kryder Law Group, LLC to Find Out if You Can Sue for Wrongful Death

Losing someone you love unexpectedly on top of filing a lawsuit can be overwhelming. We can handle the legal process of your case. While filing a lawsuit can’t bring back your relative, we may be able to help you recover compensation that you may need to rebuild your life and finances. Your compensation could pay for burial costs, your loved one’s medical expenses, and more.

To receive a free consultation and learn more about how The Kryder Law Group, LLC can help you, contact us today at (312) 223-1700. We require no upfront fees to get started with your case.

Call or text (312) 598-0739 or complete a Free Case Evaluation form

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