Death is organically defined as the cessation of all biological functions in an organism. This rather apathetic definition simply depicts the normalcy of death in any living thing’s life cycle. Just like everyone takes their first breath, they also must take their last. Nevertheless, this somewhat simplistic notion has managed to elude us since the beginning of time. While everyone has their own process in dealing with death, whether the possibility of imminent demise hitting them or their loved ones; the concept of death shakes us all. It can break your heart irrevocably to lose someone you care about. Truthfully, there is no greater tragedy than the agony of losing someone you love. To those who have recently undergone a close encounter with death affecting their loved ones, our hearts go out to you, but fear not, for the intensity of the pain will slowly but surely dissipate, and you’ll get stronger.
While all loss causes much upheaval to the survivors, reminiscing over their loved ones death by negligence is by far much worse than naturally occurring incidents. In these scenarios, the families affected by the death would surely want to file for a wrongful death claim against the party at fault. Regardless of specifics, as long as the death could have been avoided if the defendant(s) have done a better job; the affected friends and family’s chances of winning the case will prove to be respectfully high. Frankly, there might not be much emotional reward from the proceedings of the trial, under the grounds that nothing can fill the void. However, the monetary settlement can definitely aid in the sustenance of the family in cases that the deceased was the main provider of the household. That’s why we thought it’d be important for you to know the correct grounds for a wrongful death claim.
Who is Able to File the Claim?
A claim of wrongful death caused directly by the inadequacy of the defendants must be made on behalf of the deceased by the families and friends who suffered trauma from the demise of the decedent. Using a lawyer, they are deemed people of actual interest in the death. Typically the delegate is the trust in charge of the dead person’s assets. The accepted parties of interest with powerful grounds of filing the claim differ from state to state, but they generally follow a similar philosophy. Some of those may include:
- The survivors of the immediate family. In all instances, parents and wives and children (including children of adoptees) and single individuals’ parents will be able to benefit from wrongful death lawsuits.
- Extended family and friends. There are numerous states that accept claims from more indirect family members, such as brothers, sisters, and grandparents to pursue wrongful death compensation. An illustration of this, a grandparent who is fostering a child may be able to make a claim.
- All individuals who are hurting economically. Many states allow people who are adversely impacted by the negligent death to seek wrongful death proceedings for missed compensation or assistance from the guilty party’s side, even if they are not linked to the deceased by blood or marriage union.
- Family of a dead unborn baby. Some states see the loss of a pregnancy as a strong basis for the grounds for a wrongful death suit. Others state that parents cannot pursue wrongful death proceedings or benefit from financial and emotional damages arising from the death of their fetus. However, even in those places, plaintiff can pursue the wrongful death case if the child is born alive and then dies.
This was just an overview of how the judiciary system perceives adequate plaintiff for these kinds of cases. However, you should review your state’s specific laws regarding this and contact an expert wrongful death lawyer to find out if this action is permitted or not in your jurisdiction.
Who Can You Sue?
Wrongful death claims can be brought against a wide variety of individuals, companies, government agencies, and employees. For example, in a car accident involving a faulty bridge, the construction company responsible for the project may be the party to blame. Some strong grounds of getting sued for wrongful death cases include death caused by malicious actions that result in a legitimate claim to wrongful death. Wrongful death claims are founded on death due to incompetence or negligence directly leading to death. This can be found to be the case even in some civil cases like the famous OJ Simpson murder case.
Proof to Present
As a wrongful death case is a civil lawsuit and not a criminal one, the standard of proof is reduced. In order to be rewarding, the claim must be taken on the predominance of proof of malpractice, in contrast to the requirement of being guilty beyond a reasonable doubt in a criminal case. Criminal prosecution for a wrongful death case involves several measures including designing a plan, researching the allegation, consulting with specialists, interviewing witnesses, and reviewing contract law. Requests, litigation and potential resolution of the lawsuit will be included in the wrongful death legal process. If arbitration collapses, a petition for a lawsuit may be brought in order to bring the case to trial.
A substantial amount of proof is not needed when the plaintiff reports a complaint of wrongful death, but rather integrity and information consistency. Therefore, employing a professional solicitor who can build a solid argument, which is critically important under the grounds that the burden of proof must be met. Consequently, the defendant wins the case and does not obtain any losses. The friendly neighborhood attorney’s confidence and credibility in managing litigation such as these can greatly affect the chances of getting a proper judgment or reward at court. That’s why when it comes to legal representation it is always a good idea to not choose the cheapest option.
Have no doubt that in their own manner, each person handles a loved one’s loss uniquely. Factually, in the lifetime of each of us, there are no guidelines or expectations when it comes to death. It startles us all and makes us wish we could rewind the clock to a time where we are more clueless. Unfortunately, there are multiple cases in which someone died because of a business, individual or entity’s direct impact. Those who suffer these incidents may have the right to seek compensation on the grounds of the incident’s variety of factors as aforementioned.