Losing a family member due to the negligence of someone can be a distressing experience for the loved ones. Filing a wrongful death claim in Nevada is integral to getting justice for the victim. However, it is essential to understand that proving negligence in wrongful death cases is important, and consulting a professional wrongful death lawyer should be the first step.
Four Factors to Determine Negligence in Wrongful Death Cases
There are four major factors involved in proving negligence in wrongful death cases. These are as follows:
- Duty: It should be proven that the at-fault party had a certain duty of care toward the victim. This duty of care may differ based on unique circumstances. For instance, each driver on the road has a duty of care to others around them to ensure they drive safely and avoid accidents.
- Breach: Once the duty of care has been established, it must be proved that the at-fault party breached this duty. For instance, the driver not following the traffic rules at the time of the accident can be considered a breach.
- Causation: After it has been proven that the duty of care has been breached by the at-fault party, it must be proven that this breach of duty is what caused the death of the victim.
- Damages: Lastly, it must be proven that the victim suffered monetary losses due to the accident. For instance, the victim undergoing treatment at the hospital before passing away or the vehicle being destroyed in case of a car accident.
Types of Evidence in Wrongful Death Cases
It is essential to understand that no wrongful death cases are the same, meaning the evidence needed can significantly vary. However, here are some of the common evidences utilized in wrongful death cases in Nevada:
- Accident reports: The official account of the entire accident that includes how, where, and when the incident happened. These reports are often filed with the police, property owners, or workplace managers, depending on the accident, and can prove valuable in proving negligence in the wrongful death case.
- Video and photograph evidence: These are crucial pieces of evidence that can show how the accident site looked after the incident. Video footage that may have captured the accident in real time can be highly useful in proving negligence.
- Physical evidence: This can include property or vehicle damage, as well as the victim’s clothing at the time of the accident.
- Statements of eyewitnesses: The bystanders who say the accident occurred can share valuable information about the accident that can prove who was the negligent party.
- Expert witness testimony: Accident reconstruction experts, medical professionals, and other relevant specialists can offer their expertise after a thorough investigation to prove negligence in a wrongful death case.
Consult a Wrongful Death Lawyer in Nevada
The experienced Nevada wrongful death lawyers at Bourassa Law Group understand how devastating it can be to lose a loved one in a wrongful death case. We are dedicated to ensuring your loved one receives the justice they deserve. Our team conducts a thorough investigation and builds a strong wrongful death case while ensuring you receive the compensation you deserve for the tragedy.
Give us a call at (800)870-8910 for a free consultation, and let’s get started.
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