What Does My Greenville NC Wrongful Death Lawyer Have To Prove?
Depending on the circumstances that led to the death of your loved one, your Greenville NC wrongful death lawyer may be able to file a lawsuit on your behalf. As long as you fit the definition of a survivor, there is a possibility that you can receive a settlement if someone caused the death of your loved one. Your lawyer is tasked with proving that the person or business that caused the death acted in a negligent manner. In personal injury law, without negligence proven, it is very difficult to recover compensation. As part of proving negligence, your Greenville NC wrongful death lawyer has to first prove that the responsible party, or defendant, had a legal obligation to exercise due care. The exact nature of the defendant's responsibility varies depending on the case. For instance, if your loved one died as the result of medical malpractice, the defendant had the responsibility to provide good healthcare treatment. If your loved one died in a car accident, the defendant was tasked with following traffic laws. In both instances, if the defendant did not follow due care, you may potentially have a claim. After establishing that the defendant had a responsibility to your loved one, your Greenville NC wrongful death lawyer (at Hardee and Hardee or otherwise) has to show that the defendant failed to follow through with that duty. A breach of duty exists if the defendant did not take the necessary steps to ensure the safety of your loved one. For instance, if a doctor did not properly diagnose your loved one's ailment until it was too late to treat him, there was a breach of duty to the patient. In each case, there is a possibility that experts will be called in to help strengthen the case. In a medical malpractice case, your Greenville NC wrongful death lawyer will call on a medical expert to help him establish that the doctor failed to provide treatment that is considered to be standard in the medical community. If there is a question as to how a car accident occurred, your lawyer may call on an accident reconstructionist to recreate the accident so that it may be clear who was ultimately responsible. At this point, if your lawyer has been able to prove the previously mentioned standards for a negligence case, he still has two more elements to go. It is not enough for your loved one to have been involved in an accident or incident. There must be proof that the accident directly contributed to the death of your loved one. This may seem very cut and dry, but there is a chance it is more difficult than it seems. For instance, in a medical malpractice case, your lawyer has to show that there were no other contributing factors that could have led to the death of your loved one. If your loved one died of a heart attack, it has to be shown that it was only due to the mistreatment by the doctor. If your loved one had other contributing factors like being overweight, the defendant could argue that the heart attack occurred because of this and not any failure on his half to treat him. The final standard that needs to be met by your Greenville NC wrongful death lawyer to win your case is to show how much in damages you and your family have suffered. Damages can include medical expenses, property damages, and funeral expenses for your loved one. It can also include pain and suffering and loss of companionship. Your lawyer can even request compensation for the income that is lost, due to the death of your loved one.Share