Determining Negligence In Columbia Wrongful Death Claims
Losing a loved one because someone acted negligently is not just painful—it is devastating. Seeking compensation for their wrongful death can provide much-needed financial relief. Wrongful death claims in Missouri involve multiple nuances that must be handled by a competent legal team. One of the first steps toward successful damage recovery is proving negligence.
Determining negligence in Columbia wrongful death claims requires a comprehensive approach. From conducting an investigation and collecting evidence to negotiating with the insurance company and presenting the case in court, a skilled wrongful death attorney is an undeniable advantage.
4 Elements of Negligence in a Wrongful Death Case
To determine negligence in a wrongful death claim in Columbia, the legal team would have to demonstrate:
Duty of Care
In a wrongful death case, the at-fault party must have owed a duty of care to the deceased. This means they were legally obligated to act in a reasonably safe and responsible manner.
For example, a doctor has a duty of care to provide appropriate medical treatment to their patients. Or, a driver must obey traffic laws to ensure the reasonable safety of others on the road.
Breach of Duty
A breach occurs when the at-fault party fails to uphold the mentioned duty of care. This can include actions or omissions that deviate from what a reasonable person would do under similar circumstances. Determining negligence in a Columbia wrongful death case involves evaluating these breaches, such as when a surgeon operates under the influence of alcohol or a property owner fails to maintain a staircase, ultimately leading to a fatal accident.
Causation
To prove negligence, the breach of duty must directly cause the death. For example, if a distracted driver runs a red light and strikes a pedestrian, their negligence is the direct cause of the victim’s death. The connection must be clear without being overly reliant on speculation.
Damages
The death must lead to measurable damages, such as financial losses, emotional suffering, or loss of companionship for surviving family members. Establishing negligence in a Columbia wrongful death claim includes proving these damages.
For example, if a family loses their primary breadwinner, they can demonstrate economic hardship and emotional distress, strengthening their case for compensation.
Evidence in a Wrongful Death Case
The attorney must present relevant evidence to prove negligence in a Columbia wrongful death claim. Examples of such evidence are:
- Witness Testimony: Eyewitnesses can describe what they observed during the incident
- Medical Records: Documentation of injuries and the cause of death can link specific actions to the fatal outcome
- Accident Reports: Police reports include the circumstances of the event and violations of law or safety regulations
- Surveillance Footage: Video evidence can show the at-fault party’s actions or inactions leading to the wrongful death
- Expert Testimony: Accident reconstructionists or medical experts can testify on how negligence caused the death
- Employment or Training Records: For workplace accidents, these records can reveal inadequate training or negligence in maintaining safety protocols.
- Communication Records: Emails, texts, or call logs can reveal distractions that led to negligence (e.g., texting while driving)
The legal team can also provide tangible evidence of the family members’ emotional suffering, which can help them obtain higher compensation.
Consult a Columbia Attorney about Determining Negligence in a Wrongful Death Claims
Determining negligence in Columbia wrongful death claims involves multiple stages. Each of them requires legal expertise and local experience. Working with a competent attorney can substantially increase your chances of recovering fair damages.
At the Law Office of Chris Miller, you can find a competent legal team with extensive experience in wrongful death cases. Call us to schedule a free detailed consultation today.