To file a lawsuit based on a death caused by negligence, a plaintiff must prove that the defendant breached their duty of care, the cause of the accident, and the harm caused by the negligence. Those who cannot prove a cause or proximate cause of death will not be awarded compensation. For this reason, the plaintiff must prove that the negligent individual was aware of the risks of the incident, and should have known of them.
The wrongful death action must be brought by the surviving family members or relatives, which is called a “real party in interest.” Eligible family members may be spouses, children, parents of unmarried children, grandparents, or other financial dependents of the deceased person. In some cases, the victim may have been a disabled person. If this is the case, the estate may be able to seek punitive damages to punish the offending party.
The surviving family members of the deceased person may bring a lawsuit in civil court based on the negligence of another person or business. In such cases, the surviving family members may sue the party liable for the death. Generally, a wrongful death lawsuit follows a criminal trial, and both cases use the same evidence. There is no requirement of guilt if the person who caused the death was also convicted of a crime.
There is also the possibility that a doctor may not have realized that he is wrong. In the case of a man, for example, a doctor may not have a duty to provide the patient with proper treatment. If the surgeon is not properly trained, his patient may suffer fatal complications. This can lead to severe internal bleeding. If the doctor’s negligence is responsible for the death, the patient’s family can sue.
A wrongful death claim is often the result of another person’s negligence. Whether the defendant failed to use reasonable care, caused an injury, or acted negligently, the deceased person deserves financial compensation. In some cases, the victim’s family may even pursue a wrongful death lawsuit when a criminal case against the defendant has failed or the defendant is found innocent. Fortunately, these cases can be successfully pursued in civil court.
The aftermath of a wrongful death case is often intense. The family is left to cope with the grief and anguish of losing their loved one. The wrongful death lawsuit could bring closure to the family and financial compensation for the deceased’s family. However, it is critical to consult with an experienced wrongful death attorney to determine your legal options. This way, the wrongful death victim can receive compensation for their suffering. This can help them move forward and get closure for their loss.
A wrongful death lawsuit is a civil cause of action against a person who causes death. Unlike a lawsuit in criminal court, a wrongful death action has a lower burden of proof. There are specific state statutes that determine how much the family member may receive in a wrongful death suit. The family may also include spouses, parents, children, grandparents, and other family members. This type of wrongful death lawsuit is commonly filed by family members.
