Losing a loved one can be one of the most traumatic things one will ever have to endure in life, and survivors are often left with questions with what they could have done to prevent their demise. While one cannot revive the departed, it is still possible to look into their death, particularly if it happened under unclear or contentious circumstances. Almost all deaths have a cause, and whether it’s due to injury, accidents or illness or simply old age, nothing happens without reason. Wrongful death is a legal principle which makes it possible for the immediate family of an individual that passed away to seek compensation by filing a claim alleging and proving that a negligent act is the proximate cause of their untimely demise. Wrongful death claims tend to be very complex, and might involve multiple parties who may have played a role in one way or another when it comes to liability, and the need to prove that were it not for negligence, your loved one couldn’t have lost their life. In addition, these cases require that you demonstrate causation when it comes to foreseeability. Due to the complex nature of wrongful death claims, it is vital that you seek out an experienced wrongful death lawyer to help break down these concepts and ensure a successful outcome, and we’re here to help with that.

Are you looking for a best wrongful death injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced wrongful death attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve recovered over $250 million for our clients, and helped thousands of injured Americans from across the country and all walks of life receive compensation after becoming victims of negligence meted out by other individuals or large corporations. The McCready Law difference lies in the fact that we are not afraid to litigate cases which call for the same, as this is perhaps one of the best ways to recover maximum compensation allowed by the law particularly for cases such as wrongful death due to the loss of life and the permanent impact this leaves on the family and loved ones.

In contrast, most law firms simply engage the insurance company in settlement negotiations in an effort to get the case over and done with, but the problem with doing so is that the client almost always ends up with a minimal settlement payout which is usually insufficient to comprehensively compensate them. In addition to running a bilingual firm (hablamos Espanol), we also take on cases countrywide and all claims are taken up on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you lost a loved one due to suspected negligence, please give us a call NOW at (314) 481-63338 to speak with one of our experienced injury lawyers at NO COST to you – our intake team is standing by.

Establishing Causation in Wrongful Death Claims – How to Move Forward

One of the most important aspects of a successful wrongful death claim is establishing causation. However, this isn’t just about showing that the defendant acted in a negligent manner, but it also includes a concept known as foreseeability, which requires that you demonstrate whether the defendant could have predicted their actions could have led to the harm sustained by your loved one, ending up in their untimely demise.

Establishing causation and proving foreseeability will require that you call forth experts to corroborate your testimony, submit a preponderance of the evidence as well as eyewitness accounts if available to bolster your allegations.

Causation can be divided into two:

Direct Causation

This refers to situations where the actions of the defendant were the principal cause of your loved one’s death. For instance, if your loved one was hit by a driver who was inebriated and speeding leading to their demise, it can be stated by the defendant’s actions directly caused your loved one’s death. In order to prove this however, you must show that the defendant owed your loved one a duty of care, the defendant breached said duty, and that the breach led to loss of life.

Indirect Causation

This form of negligence is usually more complex and in cases involving this form of causation, the actions of the defendant may not have been their immediate cause of death, but they were a catalyst to event which led up to the same. For example, if a retail store fails to maintain a safe interior and exterior leading to a shootout and the loss of life, it can be said that the company’s negligence with regard to inadequate security may have indirectly led to your loved one losing their life.

Some of the factors which influence foreseeability include the following:

1. What was the defendant’s conduct at the time of the accident or injury?
2. How severe was the harm that ensued?
3. Were the defendant and the victim in a direct relationship making the harm foreseeable?
4. Have there been similar incidents in the past involving the defendant, demonstrating a negligence pattern?

Challenges to Proving Causation in Wrongful Death Claims

Proving causation and demonstrating foreseeability in wrongful death claims can be a difficult undertaking for a number of reasons. For starters, there may be lack of sufficient evidence, making it challenging to connect the actions of the defendant to the death of your loved one. In addition, if your loved one had an underlying health condition or acted in a manner deemed causally negligent, defense may argue that they were partly responsible for their demise or that their underlying condition was what led to their death.

Experienced and Compassionate Wrongful Death Injury Attorneys – Call Us Today!

Wrongful death cases tend to be traumatic and heavily contested by the insurance company given the potentially substantial payouts at play. It is therefore vital that you reach out to our experienced wrongful death injury lawyers NOW at (314) 481-63338 so we can protect your ability to file a successful claim without outside influence or deceitful practices by the insurance company. Remember, the call is 100% FREE, and there’s no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you and your family.