Proving Fault In Wrongful Death Cases | Eisenberg Law
How To Prove Fault In A Wrongful Death Case
Wrongful death claims arise when a person dies due to another person’s wrongful or negligent actions. The law allows family members of the deceased to file lawsuits in order to be compensated or collect damages if fault can be proven. Proving fault in order to win a wrongful death lawsuit requires the help of a personal injury attorney who can navigate the legal process and prove fault.
4 Elements To Proving Fault
The attorneys at Eisenberg Law Offices in Madison, WI work hard to prove four primary elements that are necessary to winning any wrongful death case:
- Duty Of Due Care. The first element that must be proven is the duty of the defendant to provide due care for the victim. Although each case will have its own specifics, in general, due care means that a person has the responsibility to keep another person safe from harm, or had the duty to not bring harm to the other person.
- Breach Of Duty. Once a duty of due care has been proven to exist in the case, the next step is to prove that there was a breach of that duty. For example, if the defendant was in the position of being able to protect the victim, but through their actions or inactions, did not, this could prove to be a breach of the duty of due care.
- Causation. The third step in proving fault comes down to causation. If duty of care and a breach of that duty have been established then it must be proven that the breach actually caused harm to the individual or led to the victim’s death. This can be a very complex and complicated part of the case.
- Damages. If all three of the other elements have been proven, it then falls to our law firm in Madison, WI to prove that the victim actually suffered damages. In these cases, the death is sufficient enough to prove that damage was suffered.
Proving Fault Is Not So Straightforward
Even when someone has died, it is not so easy to prove that the actions of another person, and not an unforeseen circumstance, played a role in the death. Proving fault isn’t guaranteed and there are plenty of defenses to claims of negligence.
To prove causation, our law firm in Madison, WI must prove that the defendant’s negligence both caused the death and that any other occurrence that may have contributed to the circumstances had no impact on the death.
File A Wrongful Death Claim With Help From Eisenberg Law Offices In Madison, WI
Wisconsin state law allows spouses, children, parents, siblings, and grandparents to file wrongful death lawsuits but it must be done within a certain amount of time after the death. This statute of limitations is only three years from the date of death. If you wait longer than this you may be permanently barred from filing a lawsuit.
Timing is crucial. Contact our law firm in Madison, WI to discuss your case and what the next steps are to move forward with a lawsuit.