How to Prove Fault for a Wrongful Death

Heirs of victims of DUIs or any other type of fatal accidents have the right to sue a party in a civil court if they believe that their loved one was wrongfully killed by that party either intentionally or due to negligence. However, the plaintiff must be able to prove beyond doubt that the defendant was liable for the act. You will need a Chicago, IL wrongful death lawyer to be successful in this endeavor.

What is Wrongful Death

State laws mandate that if the plaintiff has been able to prove that he/she had lost a loved due to negligent or intentional actions then he/she has the right to sue and claim damages. Damages are awarded for emotional pain, loss of income, trauma, medical expenses, and funeral damages. You need some outstanding and cogent legal help though to make this idea become reality for your loved one or your friend. It is not just about knowing you are right, you must prove it.

Legal Elements that Plaintiff must Prove to Claim Damages

To begin with, the plaintiff will have to prove to the court the duty of due care which your Illinois wrongful death attorney will go over with you so you both are on the same page. The term ‘due care’ depends predominantly on the circumstances of the incident. However, it means that it was the duty of the dependent to keep the deceased safe if it was completely in his/her powers to prevent harm to the person.

In such cases, the judge plays a pivotal role in giving the verdict since there is no jury involved. The judge will give his/her verdict after considering the circumstances during the incident. For example, the defendant is likely to receive a heavier punishment if the judge believes that the harm was predictable and preventable. Moreover, damages are more if the judge is able to establish a connection between the harm and the defendant’s action.

Breach of Duty

The next step is to establish ‘breach of duty’, which is whether or not the defendant failed to perform his/her duty. For example, in a fatal DUI crash, a drunk driver would have failed to perform the duty of driving safely due to intoxication. It is the duty of the driver to pay attention to the road and if he had failed to do so then the plaintiff has every right to claim damages.

There would not even be a plaintiff if this sloppy and careless driver did not take to the road and cause this horrendous situation from happening in the first place. But this negligent and drunk driver did do these things and that is why you already clicked on this site http://accident.usattorneys.com/illinois/ and found yourself a wrongful death legal professional who agreed to represent you.

Proving Causation

Chicago, IL wrongful death lawyers point out that the third important step is proving causation. This means that the plaintiff will have to prove that it was the defendant’s vehicle that caused the injuries. For instance, if some other car hit the victim and the defendant’s car was just one of the vehicles involved in a pile-up or melee, the plaintiff will not likely be eligible for compensation. However, if the victim was already gravely hurt in an accident and the defendant’s car killed the victim in a second crash then the defendant will have to pay for damages.

The last important task for the plaintiff is proving damages. The plaintiff will have to prove that he/she had actually suffered damages as a result of the accident. If the plaintiff has lost the ability to earn in the future or if this crash killed one of their passengers, had to pay huge medical bills and funeral bills, then evidence must be provided to the court. To prove all the factors might seem like a herculean task but with the assistance of a competent and resilient Chicago wrongful death lawyer, there is supreme potential to win substantial compensation.

Praying never hurts but if you and your lawyer handles the case right you should certainly come out on top and make this drunk driver pay even more.