Proving Wrongful Death In A Civil Lawsuit

Now, if someone’s death is caused as a result of the negligent behavior of a third party or entity, the family members of the deceased would commonly have the rights to move forth and bring up a lawsuit to seek reparation for the damages from the person who is at fault. This is a lawsuit which is most commonly referred to as a wrongful death case.

Of course, the rules which govern it need to be taken into very serious consideration in order to ensure that professional legal standards are maintained. So, let’s start with the basics.

What is a civil case for wrongful death?

Unlike criminal prosecution, a civil case seeks the reparation of monetary damages. This goes to say that the plaintiff doesn’t care about the punishment at this point – the aim is to get the compensation that he is legally entitled to.

Who are the parties?

This is also something quite important. The parties in a civil lawsuit, regardless of its kind, are always called a plaintiff and a defendant. The plaintiff is the one who is bringing the lawsuit forward – he is the one who is making the initial claims for compensation. The defendant is the one who is subjected to the claim and he is the one who is accused of being at fault. This is something important because at this particular moment, no one is actually convicted of anything.However, it is essential that all details about your case is given to the injury lawyer in Orillia so that a proper claim can be filed.

What should be proven?

As the main component of the fault in civil lawsuits is the negligence, the plaintiff has to prove the duty of care which the defendant owed to the victim as well as the breach of this duty and the causation. The first two are fairly self-explanatory. However, the latter is not. It refers to the link between the breach of said duty of care and the pursuant damages. To put it in simple words – it is important that the breach of duty led to the damages and nothing else. This is something critical for the actual development of the case.

This might sound a lot easier but the truth is that it’s far from being easy to prove. This is the main reason for which you need to rely on the professional help of a personal injury lawyer. This is important to guarantee that your rights are legally protected and represented. This is also going to help you get the most out of your claim in terms of monetary compensation. That’s why it is in your best interest to take it under serious consideration. Talk with a lawyer to get an idea about the amount of compensation that your injuries are worth.