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Is it difficult to prove fault in a wrongful death claim?

On Behalf of | Jun 22, 2022 | Medical Malpractice

Nothing can compare to the tragedy of losing a loved one as a result of a blatantly negligent act. The person at fault deserves to undergo rightful justice, but circumstances might lead you to believe that it will be difficult to prove your claim.

Car accidents, medical malpractice and defective products are just a few situations that can lead to a wrongful death claim. Whatever horrific circumstances befall your family, you can approach your case with confidence when you know how you might prove fault in the wrongful death of your loved one.

How does the law determine fault in a wrongful death case?

As described in the Illinois wrongful death statutes, fault in a wrongful death case stems from a lawfully wrongful or neglectful act. If no evidence exists to show that the other party is guilty of a violation or negligence, the court may reject your claim. Securing such evidence is a vital part of your legal advocation strategy.

How can you prove your wrongful death claim?

The type of evidence you need depends upon the nature of your case. For example, dash cam or traffic cam footage can clearly show fault in a car accident. In a medical malpractice case, your loved one’s records can establish the doctor-patient relationship and any harmful procedures that led to wrongful death.

Proving fault in the event of wrongful death is a matter of establishing the presence of negligent or illegal behavior at the scene. This can be difficult in some cases, but there are records and resources you can use to help strengthen your claim.