How To Uncover Proof of Negligence In A Wrongful Death Case

The jury determines the extent to which any acquisition of negligence can be deemed true. The jury wants to see evidence that certain things are true. The jury wants proof that it is more likely than not that each alleged fact has been verified as true.

The lawyer for the plaintiff must establish the duty of care for the defendant.

Like every adult, the defendant should have felt responsible for helping to ensure the victim’s safety. In a wrongful death case, it becomes obvious that the law has a reason for demanding a consideration of other’s safety. Typically, it is not hard to prove that a given defendant had a duty to display a caring behavior towards the victim.

The lawyer for the plaintiff must show that the defendant actually breached his or her duty of care.

As per the personal injury lawyer in Collingwood, the defendant should have given thought to the victim’s safety. The defendant’s actions need to demonstrate the existence of such a thought. The absence of such demonstration can be viewed as willingness to ignore a duty of care. In a wrongful death case, the careless nature of the defendant’s actions tends to be quite obvious.

The plaintiff’s attorney must show that by breaching a duty of care, the defendant caused the death of the person affected by that specific breach.

Unlike a criminal case, a civil case does not demand proof beyond a shadow of a doubt that the defendant caused the death of the deceased victim. In a wrongful death case, the plaintiff’s lawyer must produce evidence that it is “more likely than not” that the defendant’s actions caused the death of the family member that has had his or her life ended.
It may seem easy to prove that some attacker has caused the death of a loved one. Still, the person or family that has filed the wrongful death claim must adhere to certain time limits. Typically, the plaintiff(s) must submit the file for a lawsuit within a period of 1 to 2 years.
A grieving family seldom wants to worry about that sort of legal procedure soon after the loss of the deceased. Yet over time, those loved ones might overlook the need to submit a claim. By hiring an attorney, a family or relative reduces the chances that the date on the calendar might get ignored.
The court does provide a grieving family with some leeway, in meeting an established deadline. Still, the court needs to hear a sound argument, one that explains the reason for the delay. By hiring a lawyer, a family or close relative will have better luck with convincing the court to grant an extension of the time granted to potential plaintiffs.