The sudden death of a family member can result in numerous serious consequences. People experience grief and disruptions to their social relationships. There may be practical consequences as well. The family may have to adjust to a reduced overall household income and reassign household management responsibilities.
Particularly when there is reason to blame another person or a business for the tragic loss of a loved one, people may want to seek justice by taking legal action. Wrongful death lawsuits create an opportunity for those affected by a tragedy to secure compensation and have the courts affirm that the other party was to blame for the incident. Those hoping to seek closure and support through the civil courts have to meet certain legal standards to prevail in a lawsuit.
Adequate cause of action
Wrongful death lawsuits are typically only an option in specific scenarios. There must be proof that the defendant is responsible for the premature death due to one of three legal justifications. Under current state statutes, plaintiffs have to establish that a death occurred due to wrongful acts, defaults or negligence.
Defaults entail a failure to fulfill a duty that exists because of the law, a pre-existing relationship or a contract. Wrongful acts entail violations of the law, such as driving while drunk. Negligence involves engaging in unsafe behavior or failing to do what is necessary for safety. Plaintiffs hoping to pursue wrongful death litigation need to show that a preponderance of evidence supports their allegations against the defendant.
Evidence of significant losses
A successful wrongful death lawsuit involves the courts declaring one party at fault for a tragedy. They also involve an allocation of compensation for the economic harm caused by the incident. Families can request compensation for lost wages and medical expenses incurred before the individual died.
Even the fair market value of unpaid home services could potentially contribute to the total value of a wrongful death lawsuit. The ways that the deceased individual contributed to the family can influence the losses that the family can recover in a wrongful death lawsuit.
Reviewing a recent tragedy with a skilled legal team can help grieving family members determine whether they are in a position to pursue a wrongful death lawsuit. Successful lawsuits can help families heal and can limit the economic harm they suffer because of a tragedy.