Establishing Negligence in McKinney Survival Action Cases

An attorney goes about establishing liability in a survival action case in a similar manner to any other very serious injury claim. They will likely preserve all physical evidence leading up to the wrongful death as well as interview any witnesses. In addition, the attorney will often send evidence preservation letters or even file lawsuits to preserve critical evidence that may be lost or destroyed without immediate action.

A survival action attorney could explain more about establishing negligence in McKinney survival action cases and make sure that all relevant evidence is collected and presented in litigation.

Specific Elements

To establish liability in law, several elements need to be proven. The plaintiff must show that the defendant owed a certain duty to the decedent and that there was a breach of that duty that caused harm.

The law creates duties for people to act reasonably under certain circumstances.  The greater the potential for great harm, the greater the duty.  For instance, driving involves thousands or tens of thousands of pounds traveling at a high rate of speed, meaning there is an intense risk of harm. Therefore, drivers have a duty to drive safely and reasonably at all times. The breach of that duty is failing to follow the common rules of the road.  Every industry has developed these types of basic safety standards to keep people safe.  Often skilled wrongful death lawyers use these safety standards as a way to establish negligence in a survival action case.

Assessing and Demanding Damages

After liability is effectively established, the next thing that must be established is damages. The plaintiff’s attorney has to show the damage that was caused by that activity.

How does this death impact the person who was injured? In other words, what level of pain did the person have leading up to death? How long did they have it? What type of impairment did they have? How did the death impact the wrongful death beneficiaries, financially, socially, and in any other way? The answers to these and other questions help to establish damages in these cases.

In many cases, an attorney will hire expert witnesses to better explain to a jury what damages a decedent experienced. If the decedent experienced a disability prior to their death, for example, a doctor or social worker may be able to explain how that disability would have affected their life. Similarly, a surgeon may be able to explain the physical toll of a certain trauma in the lead-up to the decedent’s death.

An Attorney’s Role in Establishing Negligence in McKinney Survival Actions

Establishing negligence in McKinney survival actions may be difficult without the help of an attorney. An experienced lawyer could collect valuable evidence – including medical documentation and financial data – as well as hire expert witnesses and review relevant state statutes. If you believe that you have a reasonable claim for a survival action following the loss of a loved one, consider reaching out to an attorney for a consultation.