To demonstrate a wrongful death has occurred, there are four elements your lawyer needs to prove:
A duty of care was owed (for example, to obey public rules or provide safe accommodations)
There was a breach of that duty (whether accidental or intentional)
The breach caused or contributed to a death
That death did calculable damage to the surviving family members and heirs
After suffering such a devastating loss, many families fear that the burden of proof isn’t worth pursuing a case. That’s not always so. An experienced wrongful death lawyer will know where to find the evidence to prove a wrongful death action. Some acts of negligence that cause a death are very straightforward, e.g., a pedestrian killed in a crosswalk when struck by a driver who ran a red light. Others can be more difficult, such as an improper workup and treatment of a brain injury. Sometimes a family will suspect the death of their loved one was wrongful, but can’t prove it. At Vaage Law, we have the knowledge and skills to identify the red flags that suggest negligence. Then we look for the real cause of death.