Do you have a friend or family member who died due to others' behavior? If so, you likely want to hold those individuals responsible for their actions. Even if their actions aren't criminal, you can still hold the party responsible in civil court with a wrongful death lawsuit. As the name suggests, a wrongful death lawsuit can be filed when a person's actions lead to another person's death. Below are a few things you and your wrongful death attorneys will need to prove in court to be successful in your wrongful death lawsuit.
Negligence or intention.
The most important criterion for winning a wrongful death suit is proving that the defendant was intentional or negligent in the actions that led to the death. Intention can be tricky because it means that the other party intentionally killed your loved one. This usually happens in a criminal case where murder is in question. Negligence means that the other party should have known better and acted recklessly and irresponsibly. This is usually the basis for wrongful death suits related to car accidents, medical malpractice, and other accidents.
Causation.
Causation means there is a direct causal link between the defendant's actions and the death of your loved one. In a homicide, it means proving that the defendant did kill your loved one. In a car accident, it could mean showing that the defendant's reckless driving led to your loved one's death. In a medical malpractice suit, it may mean demonstrating how the doctor's actions created deadly conditions for your loved one. There has to be evidence that their actions directly led to the death.
Damages.
Finally, to win damages, you must demonstrate that there was financial damage related to your loved one's death. This figure needs to be quantified and demonstrated. You could have costs related to their medical care and final expenses. Large debts could need to be paid in the wake of their death. If the deceased was responsible for financially supporting a spouse or children, you could include their lost future earnings in the damages. There's also the cost of pain and suffering for any emotional damage you and your loved ones have suffered. Many types of costs can be included in the damages, but you must be able to demonstrate them and quantify them.
Ready to hold the other party responsible for their actions? Contact a wrongful death attorney in your area today. They can advise you on how to proceed and get the process started.
Share28 April 2023
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