When you lose a loved one due to unnatural causes, you might consider hiring a wrongful death attorney near Avondale, AZ. Before you consult an attorney about your loved one’s death, it’s important to know if your claim can stand up to the conditions of a wrongful death.
Determine if There Was a Duty of Care
Every wrongful death claim must be able to prove a third party’s negligence for a successful outcome. The first step in this process is proving the third party owed a duty of care to your loved one. This simply means the third party was obligated to take reasonable steps to ensure your loved one’s safety. For example, a driver has a duty of care to other drivers, bicyclists, and pedestrians when driving on public roads.
Prove the Duty of Care Was Breached
The next step in proving negligence is proving that the third party breached their duty of care. If your loved one died in an auto accident, you can usually prove the other driver breached their duty of care by showing that they broke traffic laws. For example, if the other driver was ticketed for speeding excessively or for running through a red light, this is usually enough to show the breach.
Establish That the Negligence Directly Caused the Death
You may need the help of a wrongful death attorney near Avondale, AZ to show that the breach of the duty of care caused your loved one’s death. Unless they died at the scene, you might need a doctor’s statement to show that the death directly resulted from injuries sustained in the accident.
There is much more involved in a wrongful death claim, but this basic understanding gives you a starting point for discussing your claim with a lawyer.
