Wrongful Death
Lawsuit Overview- Knowing When To Bring A Wrongful Death Claim
A wrongful death is defined in legal dictionaries as "the taking of the life of an individual resulting from the willful or negligent act of another person or persons." When a wrongful death has occurred the victim's heirs have a right to bring an action in court on their behalf known as a wrongful death lawsuit.
Every state in America has a wrongful death statute that permits legal action to be taken. All of the measures are a little different but they share several components: the defendant must be liable or was negligent in the death of the victim and monetary losses must have been suffered by the victim's survivors. Wrongful death laws allow for damages to be paid to people who have suffered because of the death of a loved one.
The purpose of the wrongful death statutes was initially to provide financial support for the widow and children of the person who was killed. In many states, it has been expanded to include the awarding of damages to serve as a deterrent so that the same thing does not happen again.
A wrongful death lawsuit can be brought whether or not the act that caused the death was done on purpose. Unintentional acts can be cause for a claim as well. For example, in a car accident, relatives of the victim can sue a negligent driver for damages for taking a life. A homeowner could also be sued for a wrongful death if they have a pool and fail to fence it in and a child wanders into the yard and drowns.
You may also sue after a purposeful death. If a loved one is the victim of murder, you can sue the killer for causing the death even if they also are facing charges in criminal court.
The action in civil court is separate from the criminal court and it is possible that the jury could come to two different conclusions.The bottom line in a decision to bring a wrongful death lawsuit is proving that the death was the proximate result of the defendant's actions or failure to act. The conduct of the responsible party must have triggered the events that led to the loss of life. If you have questions, consult an attorney.
