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How Do Wrongful Death Attorneys in Chattanooga Prove a Case?

Posted on June 15, 2021 in Wrongful Death

Wrongful death cases are emotionally challenging and difficult time to get through. No matter how painful it may be, wrongful death cases help families get the justice and compensation they deserve. Even though it will probably be difficult for loved ones to recall the incident, it’s important that wrongful death attorneys in Chattanooga have the information necessary to prove and win your case.

Below, we go through exactly what information your injury lawyer will need in a wrongful death case. 

Duty of Care

The whole grounds of a Chattanooga wrongful death case are based on someone’s actions or inaction where a wrongful death occurs as a result. When you file a wrongful death case, Chattanooga wrongful death lawyers must prove that the person you are bringing the case against is actually in the wrong, particularly that they owed the deceased a duty of care. 

Duty of care is just one way of saying that they were responsible for the safety of another person. In order to truly have a duty of care, you must be in some way liable for what happens on your premises or under your supervision. For instance, property owners are responsible for keeping their premises well-kept for visitors, such as keeping the floors dry and fixing holes in stairs or floorboards.

In the case of a car accident, the death may have occurred due to someone else’s lack of careful driving, which is part of their duty of care for everyone on the road.

Breach of Duty of Care

Once a wrongful death lawyer has proven that the case is being brought against the right person, wrongful death attorneys in Chattanooga, TN must also show that the duty of care was breached. In other words, the person responsible contributed to the wrongful death by their actions or inactions. For example, it would be a breach of duty of care to knowingly have structural issues with the stairwells of a public building. 

On the contrary, it would not be a breach of duty of care to be the owner of a flight of stairs that were well-maintained but on which your loved one tripped. The latter is simply an unfortunate circumstance, not a direct breach of care.

Causation

Thirdly, wrongful death attorneys in Chattanooga, Tennessee must prove causation. It’s not enough to say that the person at fault was being negligent when you lost a loved one. You must prove how that person’s negligence is linked to the accident. One way to prove causation would be the lack of signage of a wet floor and pictures of the area where the fatal slip and fall took place. 

Damages

Finally, your wrongful death lawyer must prove that, because of the person who breached the duty of care that caused the accident, damages, in the form of wrongful death, took place. Damages show how all the three previous elements are related.

In the case of a nursing home wrongful death, you might claim that the damages were caused by the breach of duty of care of the staff when they committed medical malpractice. However, you cannot say that the wrongful death was caused if a loved one passed after the staff followed proper emergency procedures.

These are the basics of the proof needed for wrongful death attorneys in Chattanooga to settle your case. Overall, a Tennessee wrongful death can be confusing and difficult for those who have lost a loved one due to someone else’s actions. Dealing with medical bills, the insurance company, and funeral expenses is no small task. For that reason, we recommend that you find a team of trusted wrongful death attorneys to help you through the process. Our law firm at Wettermark Keith is here for you.