Losing a loved one unexpectedly is a nightmare scenario. No one wants to have their phone ring with such tragic news or to answer the door to find officers waiting to tell them what happened. Unfortunately, car crashes, criminal activity and other unpredictable circumstances claim lives every day.
Families don’t always have an opportunity to say goodbye, but they do often have the right to pursue justice and closure through the courts. Even if the state does not bring charges against the party at fault for the incident, the family may be able to file a wrongful death lawsuit.
A wrongful death lawsuit is a form of civil litigation available to those affected by one person’s premature passing. What are the general requirements of a wrongful death lawsuit?
Proof of qualifying circumstances
Not every tragic situation is technically a wrongful death. Only specific circumstances qualify for litigation. Those hoping to take legal action need proof that the defendant they named in the lawsuit is responsible for their loved one’s passing.
Evidence of either misconduct or negligence is necessary to litigate. Negligence means doing something obviously dangerous or failing to do what is reasonably necessary for safety. Misconduct entails breaking the law in most cases. Drunk driving, interpersonal violence and a variety of other circumstances may meet the standards for people to pursue a wrongful death lawsuit.
Evidence of financial consequences
A wrongful death lawsuit involved a request for a specific amount of compensation. Families typically prioritize recovering economic losses. Economic losses include lost wages, property damage expenses and medical.
There may also be non-economic losses to consider, including loss of household services and consortium. In cases involving gross negligence or willful misconduct, the courts can also consider requests for punitive damages.
As a final note, families need to take action quickly to ensure they don’t lose their rights because the statute of limitations for their case expires. Initiating a wrongful death lawsuit may limit the financial losses of family experiences and give them closure after a tragedy. A successful lawsuit may provide compensation and lead the courts to declard a business or another individual at fault for the death of the deceased person.