Wrongful Death
What purpose does a wrongful death lawsuit have?
A wrongful death lawsuit is a lawsuit in which the family of the deceased attempts to collect compensation for the death of their loved one. The lawsuit itself alleges that the person who killed the deceased did so out of negligence or misconduct. The lawsuit seeks lost wages, compensation for the loss of companionship, funeral expenses and other financial losses.
The person at fault for a wrongful death may be anyone from a drunk driver to someone who was practicing batting and accidentally hit a passerby. Essentially, any time someone dies at the hands of someone else who was negligent, there’s a potential for a wrongful death lawsuit.
While some families start their wrongful death lawsuit immediately, others choose to wait. Sometimes, waiting for the criminal trial to end can be of help, because if the person responsible for the death is guilty, it makes it easier for the family to get compensated. Despite this, a family can file the claim at any time within the statute of limitations, and they may win compensation even if the party responsible isn’t convicted of any wrongdoing.
Proving a wrongful death is as easy as showing that a person was killed by another’s negligence or intent, that surviving family members are suffering financially as a result and that there is a representative for the estate. Civil cases require a lower burden of proof, so families have a better chance of obtaining compensation regardless of the outcome of a criminal trial. If you have questions about your wrongful death lawsuit, it’s wise to speak to someone familiar with the law.
Source: FindLaw, “What is a Wrongful Death Lawsuit?,” accessed Oct. 31, 2017
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