How Your Chicago Attorney Will Prove Negligence in a Wrongful Death Claim

by | Nov 10, 2021 | Law

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If you have a close family member who dies as the result of an accident, a third party may be responsible for their death. You can find out for sure if someone else was at fault by talking to a Chicago wrongful death attorney. A lawyer experienced in handling wrongful death cases will know how to prove that the third party was at fault for your loved one’s death.

Establish a Duty of Care

The first thing your attorney will have to do is show that the third party owed a duty of care to your loved one. This simply means they were reasonably responsible for your loved one’s safety. An example of this might be a driver who is responsible for the safety of others on the road.

Show the Duty Was Breached

It must also be proven that the duty was breached. In the case of an auto accident, a driver who speeds or runs a stop sign is breaching the duty of care they owe to the other drivers on the road.

Prove the Breach Caused the Fatality

Your Chicago wrongful death attorney will also have to show that the breach of duty or negligence led to the fatality. In an auto accident, running a stops sign must have led to the collision, which resulted in fatal injuries. An example of this might be an individual who suffers internal injuries. If those injuries cause their death hours later, it can be shown that the accident led to their death.

If a family member has died as the result of another person’s negligence, schedule a consultation with the Shea Law Group by visiting them today.