One of the most challenging elements of a wrongful death lawsuit is proving your case. When you talk with a wrongful death attorney, one of the first things that he or she will discuss with you is the nature of the incident and what documentation you have to prove that it happened that way. Here's a look at what you need to know about proving your wrongful death case.

Who Has To Build A Stronger Case?

When you're preparing for a wrongful death suit, you might wonder who has to prove the stronger case. Just like in criminal trials, the defendant in a wrongful death suit needs only to cast reasonable doubt on the claim to have a chance to win.

That means that you, as the plaintiff, carry the largest burden when it comes to proving your case. In order to win a wrongful death case, you'll have to be able to present a sound, strong case in court that clearly documents a few key elements.

What Elements Are Most Important?

There are a couple of key elements that your wrongful death attorney will focus on when working with you to build a case. Understanding each of them will help you to be prepared for the process.

The first thing that your attorney will need to prove is that the defendant had a responsibility to act in a reasonable, safe manner around the deceased. This can be as simple as showing that there was an employment relationship in which the employer was responsible for providing a safe workplace or even showing that, as a driver on the road, the defendant was responsible for handling the car properly and safely.

You'll also have to show that the defendant failed to act in such a manner. This can mean showing that a driver was distracted or driving irresponsibly or even proving that a store owner ignored an unsafe condition like a wet floor or other problem. 

Showing that the defendant acted irresponsibly is a good start, but you also need to directly link those irresponsible actions with the deceased's injuries and death. The more you understand about how your loved one died, the easier this part will be to prove. This may even mean having to request an autopsy to directly link the injuries and death to the other party's actions.

When it comes to a wrongful death suit, proving that the defendant is responsible is only one part of the process. You cannot win a wrongful death lawsuit unless you can prove that those actions and the death caused you damages. For example, you'll have to prove that the loss of their income was significant or that you're now having to pay for child care and other costs that you wouldn't have had to pay otherwise.

Talk with a wrongful death attorney today for more information.