What are the steps to proving negligence in a wrongful death or injury case?
Some wrongful deaths are caused by negligence, which is why it is highly advisable to seek a wrongful death lawyer Des Moines IA is proud to have fighting for its community when dealing with a wrongful death case. When it comes down to it, negligence is defined as a situation where a person acts carelessly. Going to court and actually proving negligence can be more complex because there is a legal standard to uphold, consisting of four separate parts that have to be proved by a preponderance of evidence so that the defendant can be held liable for the injuries in question. A Des Moines wrongful death lawyer can answer any questions you may have about these below four elements.
Defendant had a Duty of Care
The defendant having a responsibility to act in a cautious and safe manner regarding the circumstances in which the plaintiff’s injuries occurred is the first portion of negligence. It is a case by case situation to determine if the defendant actually had a duty of care. This is the part of the negligence process that is often not hard to prove due to the fact that our society upholds many standards and situations where people have an expectation of avoiding injury to others. An example would be drivers having a duty of care to pedestrians and other drivers when on the road. The type of experienced wrongful death lawyer Des Moines IA workers should look for are those who understand duty of care as this is an important element.
Defendant breached the Duty of Care
This is defined by the defendant failing to carry out the cautious and safe manners expected of them. For instance, if a driver texts while on the road, they have broken their duty of care to other drivers and pedestrians on the road. The kind of wrongful death lawyer Des Moines IA residents deserve can be found at Johnston | Martineau LLP and understand the sensitivity of your wrongful death or personal injury matters.
Defendant’s breach was the proposed cause of injury
It is a requirement to prove the defendant’s negligence was a cause, or at least a large factor that contributed to the injuries the plaintiff sustained to successfully argue negligence. In the driving example, the driver who was texting could not be sued for negligence for the simple fact that they breached their duty of care. In addition, the defendant also must have had the ability to reasonably foresee their actions and the likelihood they had to cause injury. It would be quite difficult to prove negligence in instances where the situation that caused the plaintiff’s injuries was distant in relation to the defendant’s actions. This can be a tricky element, which is why it is crucial to hire a top wrongful death lawyer Des Moines IA has to offer.
Plaintiff suffered damages and/or was actually injured
If there is no property damage or actual injury due to an accident, a court may not find a defendant guilty for negligence. This fourth element relates to the court’s ability to financially compensate the plaintiff for damages. Finding a wrongful death lawyer in Des Moines IA that can advocate for you can help you maximize your financial compensation and receive what you are justly owed.
If you have been involved in a wrongful death or personal injury case and believe it was due to the negligence of another party, look to a wrongful death lawyer Des Moines IA trusts at Johnston | Martineau LLP and call us to set up your free consultation today at 515-493-4878.