A Wrongful death lawsuit is a case in which an individual dies (or is killed) due to the misconduct of another, and a member of the family sues for recompense. Usually following a criminal trial, wrongful death suits rely on similar evidence as a criminal trial but require a lower margin of proof.
As painful as this process is, the passing of every individual does not qualify as a wrongful death case. To be considered a suit for wrongful death, the following criteria must be present:
- The death of a human
- Cause of death caused by another individual’s negligence or intent to harm
- Monetary suffering and injustice to the deceased’s surviving family as a direct result of the passing of the individual; and
- An established personal representative of the deceased’s estate
There are a number of typical circumstances that merit wrongful death claims. Some events associated with wrongful death claims include:
- Medical malpractice resulting in the patient’s death
- Automobile accidents
- Exposure to hazardous conditions or substances on the job
- Criminal activity or behavior
- A supervised activity resulting in death
With many factors involved, determining if a wrongful death claim in valid can be difficult and complicated. This is why it is in your best interest to seek a wrongful death lawyer who will fight for the compensation and justice you deserve. Know who to call, Call Tad!
