When a family loses a loved one emotions run high, and it’s not uncommon to see surviving spouses, children, and parents pointing fingers at the persons or parties they believe at fault.
The Party Liable for a Wrongful Death Can be More than a Person
There are two main types of parties that could be held liable for the death of an individual – individuals and entities. A single person or persons could be responsible for the wrongful death of another if he or she was drinking and driving and crashed into a vehicle stopped at an intersection, killing the occupant.
Likewise, an entity such as a business could be liable if negligence caused the death of a person. If an Ontario bakery used contaminated ingredients in their products and it resulted in the death of a customer, they could be held liable for the death.
In order to determine liability for a loved one’s wrongful death, you must first gather evidence to support your claim.
Evidence Necessary to Prove Wrongful Death Liability
The evidence necessary to prove wrongful death liability can differ depending on the circumstances of the case Go Here. When a person dies as the result of a sudden accident, photographs or video of the scene show how the accident occurred.
If any witnesses were present, their contact information should be gathered in order to request testimony from them at a later date when in the process of filing a wrongful death lawsuit.
In cases of car accidents and other serious accidents, police reports may be available to give an unbiased, factual recount of the accident and accident scene.
Other official documents may be necessary to prove negligence in the upkeep of hazardous objects or situations.
- Repair and inspection logs
- Maintenance records
- Hours of duty records for truckers
- Certificates of inspection for building facilities
When a car accident results in the death of a loved one, the vehicle itself might be evidence of negligence, especially if there were no witnesses to the crash. Accident investigators can often determine how a crash occurred by examining the scene of the crash and the damage done to the vehicles. If the wreck was caused by a faulty vehicle, then do your best to preserve the wrecked vehicle to determine any design or manufacture flaws.
Before You Make a Claim, Talk to an Ontario Wrongful Death Lawyer
There’s more to filing a wrongful death lawsuit than just naming the supposedly liable party. To obtain a full and fair settlement, you not only have to prove liability, but also prove that your loved one was not a major contributor to the negligence that caused his or her death.
When you are considering a wrongful death lawsuit against a negligent party, Preszler Law is here to help. Contact us today at 1-800-JUSTICE® to schedule a free consultation at your convenience.