Something about the death of a loved one doesn’t seem right. There are hints that lead the individual to think that the recent passing of the loved one could have been prevented if the right amount of care and attention had occurred. Before making any assumptions, it pays to take those concerns to a lawyer and seek to determine if there are grounds for making allegations about wrongful death. Here is what the lawyer can do to make sense of what has happened and provide advice to the client.
Failure to Perform Duties as Assigned
One of the first things that the lawyer will want to do is determine if there are signs that negligence took place. This means delving into the duties assigned to the potential defendant and seeking to learn if those duties were carried out responsibly. One of the more common ways that negligence leads to a death that could have been prevented is when someone charged with specifics tasks or duties fails to perform them. When such actions have taken place, there are definitely grounds to seek some sort of redress in a civil suit, and there could also be grounds for criminal charges.
The Matter of Causation
While it may be possible to establish that an individual failed to perform certain duties in a responsible manner, the lawyer will also be faced with the task of proving those actions did in fact lead to the death of the loved one. For example, if it can be established that the defendant was distracted while driving and that the loved one died because of an action triggered by the distraction, proving wrongful death to the satisfaction of the judge is a possibility. When the distraction led to the driver not noticing that another driver ran a stop sign and was about to plow into the side of the vehicle, the judge would be more likely to see that other driver as the cause for the death.
There are so many details that must be considered that attempting to make sense of them alone will be difficult at best. Visit juliejohnsonlaw.com today and arrange for a consultation. Doing so will be the first step in deciding what needs to happen next.