Liability in case of a wrongful death – how to prove it?Written by ruxandra
The first thing you should do to get compensation after the death of a loved one as a result of someone else’s negligence or intentional actions is figuring out who is liable (bears legal responsibility) for the wrongful death. It is crucial to identify the guilty party whether you want to make an insurance claim or file for a wrongful death lawsuit in Maryland. That is why you should get the help of a wrongful death lawyer in Annapolis. If the person insured doesn’t bear liability for the actions and events that led to your loved one’s death, the insurance company will not settle a claim. A specialized lawyer can help you win your case and get you the compensation you are entitled to.
Determining liability a.k.a investigation phase
Before attempting to settle or file a lawsuit for wrongful death, your hired specialist in a wrongful death claim in Annapolis will conduct an investigation and gather the information necessary to establish liability. It is important to present to the person that caused the death of your family member strong and irrefutable arguments and evidence. This way you will make them legally responsible for the tragic event.
During the investigation, your wrongful death lawyer from Annapolis will combine the facts of the malpractice or accident, details of your family’s personal life and financial statements. Also, witnesses will be found and interviewed, copies of the accident reports, as well as medical reports, and autopsy reports will be obtained. It is possible that during the wrongful death lawsuit in Maryland specialists and experts will be involved to testify against the accident or malpractice that resulted in your loved one’s demise.
Once the person(s) responsible are identified, their insurance company will be contacted through a letter that lays out all arguments of why that person is liable and the amount you should be compensated with (if that person has that option in their insurance policy). Most of the times the cases settle, and you will not have to go to court.
Proving liability in court
If the wrongful death claim goes to trial, according to the wrongful death law in MD, it is your responsibility to bring evidence and prove your claim is valid (preponderance of the evidence). This means that you will most likely have to prove:
- The person you say is at fault had a duty to the individual who died, and they breached that duty
- You suffered damages
- The person at fault caused the damages you’ve suffered
Duty, causation and breach are all parts that add up to liability. You need to prove all three of them to make the judge and jury rule in your favor. With the help of a wrongful death lawyer from Annapolis, you increase your chances of winning, as they are familiar with the wrongful death statute in Maryland.
If your loved one has died as a result of an accident or incident generated by a particular person (entity), contact the best wrongful death lawyer at (443) 569-3.950, or send us an email at: [email protected].
Together with best personal injury lawyer Annapolis you will establish the liability of the responsible party and receive the compensation you deserve. Contact us for a free consultation on your case.