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Phone: 304.931.4088
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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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How is negligence in wrongful death claim factored into the case?

Negligence in a wrongful death claim is one of the most important factors in this type of case. You must be able to show evidence that someone else’s actions were the cause of injury and death. This can sometimes be complicated, which is why you may benefit in discussing your case with injury lawyers in Clarksburg. 

Establishing Negligence in a Wrongful Death Claim 

Doing something wrong or acting carelessly doesn’t automatically mean an individual was negligent. The first way negligence is established is by determining if there was a duty of care. 

For instance, drivers owe a duty of care to other motorists on the road. Doctors owe a duty of care to their patients. Manufacturers owe a duty of care to consumers. 

Once you have established that a duty of care was owed, the next step in establishing negligence is if that duty of care was breached. An example would be a driver who gets behind the wheel of a car intoxicated. 

Other examples may include a doctor who operates on the wrong body part or a manufacturer who poorly designs a product. Once you have established a violation of the duty of care, you need to connect it to the injuries. 

If a drunk driver causes a fatal accident on I-50 or a doctor’s negligence during surgery cuts a major artery and the patient dies, these are generally considered negligent actions that can usually be connected to the fatal injuries. When this connection is made, a claim may be filed for wrongful death. 

Seeking Help from a Personal Injury Lawyer in Clarksburg 

If negligence was the cause of your loved one’s death, contact a personal injury attorney at The Miley Legal Group in Clarksburg. We can evaluate the specifics of your circumstances and determine if you may be able to establish negligence in a wrongful death claim (304) 931-4088. 

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

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