Q: Is proving wrongful death occurred different than proving regular car accident negligence?
A: The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance, depending on the facts of the potential claims.
A: As the eminent Mr. Swartz notes the negligence is the same except that in a death from car crash case another element is crashworthiness--was the death preventable by better design. These are somewhat rare circumstances but a part of any analysis. Mr. Swartz's partner Mr. Cantor should be able to help you. If not feel free to call me.
A:
While both cases generally apply a theory of negligence, the underlying types of damages can differ and with that, the evidence used to prove them can differ.
Tim Akpinar
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