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How do you show negligence in a wrongful death claim?

On Behalf of | Sep 9, 2021 | Injuries |

The actions of one person can impact many others, especially when someone is negligent. Failing to think about safety and the consequences of one’s actions can lead to a tragic outcome. People who engage in unsafe behaviors, like racing on public roads, can potentially cause the death of someone else.

Ohio has a law that allows surviving family members to take legal action against a person or business who causes the death of someone. Omissions, wrongful acts and negligence can lead to wrongful death claims and civil lawsuits.

Wrongful acts typically involve criminal activity. Many wrongful deaths are the result of unsafe decisions, rather than legal violations. You will have to demonstrate that negligence played a role in the loss of your loved one. How do you prove that another person or a business was negligent in a wrongful death claim?

Negligence involves making a choice that a reasonable person would not

There are several different ways to establish that a specific decision or action was negligent. The simplest is probably to show that reasonable people would recognize that decision as inherently dangerous.

However, sometimes a more technical approach is necessary. You may first need to establish that the other party had a duty, such as the duty to be attentive and sober while driving. You then have to show a breach of that duty and how that breach led to the death of your loved one. Beyond that, you also have to show that there are provable damages related to the incident. If you can prove all of that, then you may be in a position to seek justice through a civil lawsuit.

Learning more about wrongful death claims can help your family seek justice.

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