When a family loses a loved one, it is not uncommon for them to decide to file a wrongful death claim. This is usually because they believe that their loved one's death could have been prevented if a person or an entity had acted with full responsibility and duty of care.
In order for a wrongful death lawsuit to be successful, it must be proven beyond reasonable doubt. The following are some of the key elements of wrongful death lawsuits that must be addressed.
What must be present in a wrongful death lawsuit
A wrongful death lawsuit must always start with the circumstance of a person's death occurring, where it is believed that another person's negligence or malicious intent was to blame, and a direct cause, of that person's death. In addition to this, there must be family that are suffering financially as a result of their loved one's death.
What are some examples of wrongful death occurrences?
The most common situations in which wrongful deaths occur include car and truck accidents whereby a person was driving recklessly or under the influence of drugs. This can also be true for airplane accidents as well as other transport tragedies. Medical malpractice scenarios are also very common, as well as deaths that occurred when a person was acting under the supervision of another, such as when bungee jumping or rock climbing.
If you are considering filing a wrongful death lawsuit on behalf of a loved one, you should consider the benefits of getting justice as well as the additional stress and frustration that it can potentially cause you and your family.
Source: FindLaw, "Wrongful Death Overview," accessed Feb. 23, 2018