How to Prove a Wrongful Death

A wrongful death in Virginia is defined as a death caused by the wrongful act, neglect, or default of another party. Proving a wrongful death means to show that someone’s death was caused by one of these.

Proving a wrongful death in most cases requires evidence and, for those in Richmond, the help of a wrongful death lawyer in Richmond. When you’re grieving after losing a loved one, a lawyer’s help can be invaluable for proving wrongful death and the value of your damages.

How is a Wrongful Act Proven?

A “wrongful act” in the context of wrongful death refers to an intentional or reckless action that leads to someone’s death. This category includes:

Criminal actions like assault or murder
Reckless behavior, like drag racing on public roads

Proving a wrongful act typically requires demonstrating that the defendant knowingly engaged in behavior that posed a significant risk to others. In these cases, the burden of proof is often higher than in cases of negligence.

However, in many wrongful act claims, there is also a criminal charge with them. If the person you’re suing is found guilty of a crime that led to your loved one’s death, we can use that as evidence for your civil trial.

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How is “Neglect” Defined in Wrongful Death Cases?

“Neglect” in wrongful death cases refers to a failure to exercise reasonable care, resulting in someone’s death. This is often synonymous with negligence and can include:

A driver failing to obey traffic laws
A property owner neglecting to address known safety hazards
A healthcare provider failing to provide an appropriate standard of care

To prove neglect, you must show that the defendant had a duty of care, breached that duty, and that this breach directly led to the death. The Pendleton Law Team can help you prove wrongful death was caused by negligence by gathering evidence to prove these things.

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What does “Default” Mean in the Context of Wrongful Death?

“Default” in wrongful death cases typically refers to a failure to fulfill a legal obligation or duty, which results in someone’s death. This might include:

A manufacturer failing to recall a known defective product.
An employer not providing the required safety equipment or training
A property owner failing to maintain their premises according to safety codes

Proving default often involves demonstrating that the defendant had a specific legal obligation they failed to meet and that this failure directly contributed to the death. The Pendleton Law Team’s Heavy Hitters® can see if this is the case for your situation.

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What Types of Evidence are Used to Prove Wrongful Death?

Proving a wrongful death case requires various forms of evidence that show one of the causes we’ve mentioned. This evidence can include:

Medical records and autopsy reports
Accident reports and police records
Eyewitness testimonies
Expert witness opinions
Photographic or video evidence

The Pendleton Law Team can gather and present this evidence effectively to create your case and hold those who killed your loved one responsible for what they’ve done.

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What Damages Can be Recovered in a Wrongful Death Case?

In Virginia, wrongful death damages may include:

Medical expenses related to the fatal injury or illness
Funeral and burial costs
Loss of the deceased’s income and benefits
Loss of the deceased’s care, protection, and guidance
Mental anguish and emotional suffering of the survivors
Punitive damages in cases of willful or wanton conduct

The specific damages available will depend on the circumstances of your case.

How Can an Attorney Help Prove Your Wrongful Death Claim?

A skilled wrongful death attorney is the best way to prove your claim and get the most from your wrongful death settlement. An attorney will:

Investigate the circumstances of the death thoroughly
Gather and preserve crucial evidence
Consult with experts to build a strong case
Navigate complex legal procedures on your behalf
Negotiate with insurance companies and opposing counsel
Represent you in court if a fair settlement can’t be reached

The Pendleton Law Team has the experience and resources to handle even the most complex wrongful death cases.

How Do You Choose the Right Wrongful Death Attorney?

When selecting a wrongful death attorney, consider:

Their experience with similar cases
Their track record of successful settlements and verdicts
Their resources to thoroughly investigate and litigate your case
Their communication style and willingness to keep you informed
Their compassion and understanding of your situation

The Pendleton Law Team offers all these qualities and more to our clients. We provide personalized attention with the resources to take on any case.

Seeking Justice for Your Loved One

Proving a wrongful death case can be challenging, but it’s an important step in seeking justice for your loved one and securing your family’s future. Whether the death was caused by a wrongful act, neglect, or default, understanding these legal concepts can help you navigate the complex process of a wrongful death claim.

Our firm understands the pain and confusion you’re experiencing. Since 2011, we’ve been here to fight for your rights and ensure that those responsible for your loved one’s death are held accountable. Contact the Pendleton Law Team today for a free consultation.

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