What will we have to prove to win a wrongful death lawsuit?
In general, most cases come down to what we learned in law school are the three hurdles. We have to prove that the wrongdoer owed a duty. A duty to be safe and to act as a reasonably prudent person or company. So that’s step one. The second hurdle is they breached that duty. They broke that promise. They operated the worksite in a dangerous fashion against the OSHA or MSHA regulations. They crossed the center line or did not brake the vehicle in a safe fashion and they broke that promise. So that’s the second hurdle. And, the third hurdle is you have to show that as a result of that broken promise, that broken duty, that you or someone you love suffered harm, suffered damages. If we can prove all three of those factors, then that makes for a successful case. So that’s what we look for. And, so we would look to see what the duty was owed, how the defendant breached that duty or broke that duty or that promise and then what’s the damages that you’ve suffered. And, now there are other cases, that have, that may require more hurdles. And so that’s why it’s really important that you see a lawyer very quickly so that they can do an assessment very early to see exactly what are the pieces of the puzzle that need to be put together for your specific case. So that’s why if you have suffered the loss of a loved one, you need to talk to Bailey Javins & Carter quickly so that we can see how many hurdles or how many pieces of the puzzle we need to put together.