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Three Ways to Build a Strong Wrongful Death Case

 Posted on February 14, 2024 in Wrongful Death

Blog ImageWrongful death cases occur when a person's negligent or intentional actions result in the death of another person. These cases require careful preparation and a strong legal strategy to ensure justice for the deceased and their surviving family members. If you are currently facing a wrongful death case and want to ensure your case is as strong as possible, discuss with your personal injury attorney in Illinois what steps you can take to pursue a favorable case outcome and compensation.

Step #1 – Establishing Liability

The first step in building a solid wrongful death case is to establish liability. This involves proving that the defendant's actions or omissions directly caused the death. To accomplish this:

  • Gather evidence – Collecting evidence is a fundamental step toward establishing liability. This may include accident reports, witness statements, and medical records. Preserving and documenting evidence is essential to preserve any document evidence as soon as possible after the incident

  • Demonstrating negligence – Wrongful death cases often rely on proving negligence. This requires showing that the defendant had a duty of care, breached that duty and that breach directly caused the death. Testimony and thorough investigation are often necessary to establish negligence.

  • Identifying responsible parties – In some cases, multiple parties may share liability for the wrongful death. Identifying all potentially responsible parties is important for building a strong case, and holding them accountable is crucial.

Step #2 – Calculating Damages Accurately

Determining the damages suffered by the deceased's surviving family members is a critical aspect of a wrongful death case. This involves quantifying the economic and non-economic losses. Key considerations include:

  • Economic damages – These encompass tangible losses such as medical costs, funeral costs, lost wages, and more.

  • Non-economic damages - These encompass intangible losses like pain and suffering. Assigning a monetary value to these damages can be very challenging, but it is necessary to ensure fair compensation.

  • Punitive damages – In some cases, punitive may be awarded to encompass the defendant for particularly egregious conduct. Establishing the need for punitive damages requires demonstrating the defendant's actions were willful, wanton, or malicious.

Step #3 – Ensuring You Present Your Case Effectively 

To build a strong wrongful death case, it is crucial to present a compelling narrative that resonates with the judge or jury. Key elements include:

  • Professional testimony – Providing specialized knowledge and opinions supporting a plaintiff's claims can go a long way in a wrongful death case.

  • Witness testimony – Eyewitnesses and individuals with knowledge of the circumstances surrounding the death can provide critical testimony. Their accounts can establish liability.

  • Documenting emotional impact – Wrongful death cases involve significant emotional trauma for the surviving family members. Presenting evidence of the emotional impact, such as therapy records, can be very helpful in regard to the case.

Contact Our Kendall County, IL Wrongful Death Attorney

Contact the skilled Will County, IL wrongful death lawyers with Schwartz Injury Law for assistance. Call 708-888-2160 for a free consultation.

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