Car accidents may result in either criminal or civil cases: the latter of which is a wrongful death claim. Typically, these types of cases are fairly straight forward but some defenses may occur that require the help of a good wrongful death lawyer.
Wrongful Death Can Be Tough to Prove
When a car accident causes a death, a wrongful death lawsuit is often not far behind. Proving this type of case requires that the plaintiff show that the defendant had a duty of care that they breached to cause the death. The duty of care is one that all drivers share (general road safety) and it is breached by an accident. And if the accident caused the death—and can be proven to have done so—there is a good case.
While this process might seem fairly easy to anticipate or may seem quite clear to some individuals, there's also a good chance that a wrongful death lawyer is needed anyway. These professionals have the training needed to fully understand the reasons behind a wrongful death and can help a plaintiff fully under the types of defenses they may have to anticipate, making their case easier to present.
Defenses to Anticipate
The most likely defense to anticipate in a wrongful death lawsuit is that there was no causation between a person's death and the actions taken by the defendant. For example, the defendant may try to claim that the person who died in the accident did not due to the crash. They may try to claim that the death was caused by a person's poor health or other types of issues that may have contributed to the death.
This debate often centers around various types of evidence presented by both the defendant and the plaintiff, with the plaintiff attempting to prove that the accident was the cause of death. Usually, they have the easier goal between the two because it is usually clear if the accident caused a person's death, meaning the plaintiff may have a much harder fight than the plaintiff.
That said, defendants in these types of cases often want to wear down the plaintiff's patience and emotional health by fighting a lawsuit, hoping that they'll accept a settlement or just drop the case out of frustration. In this scenario, a wrongful death lawyer is so important. They can help the plaintiff stay focused on the fight and ensure that they get the justice that they deserve for losing their loved one.
