A wrongful death lawsuit can be brought against someone who has caused another person’s death either through negligence or through intentional harm. Typically, a “wrongful death” claim is brought by the estate of the deceased on behalf of surviving members and other affected parties. The suit is filed against the party they allege is liable for the death.
Two Forms of Wrongful Death Claim
There are two forms a wrongful death claim can take. Either the charge is negligence, or intention. This means either the victim died as the result of a negligent act of the defendant. Or the victim died as the result of the defendant’s intentions to kill the victim. Some examples of negligence include: victim’s death as a result of medical malpractice or the victim dies as the result of a faulty engine in the car the victim was riding in. And example of intention is when the defendant is believed to have murdered the victim on purpose.
Proving a Wrongful Death Claim
For the defendant to be declared liable in a wrongful death claim, the claim brought must meet the same burden of proof that the victim would have had to meet if the victim was alive. In the case of a negligence trial, plaintiffs must show the defendant owed a duty of care to the victim, that the defendant breached this duty of care, and that the breach of this duty directly caused the death of the victim.
Wrongful Death Attorney
If you feel a loved one was killed as the result of negligence or the result of intention, you need to immediately contact a wrongful death attorney. They will work with you to build a case that can help get justice served for the one you lost.
