What Is A Wrongful Death Lawsuit?

A wrongful death lawsuit occurs when one party pursues civil action against another party for negligence or misconduct that causes a person to die or get killed. Basically, relatives of the deceased sue to hold another party liable for the death of their family member.

A wrongful death lawsuit usually occurs when either a criminal action hasn't been sought or it did not end with a conviction. Wrongful death lawsuits have lower burdens of proof than criminal court.

Wrongful death lawsuit, which is heard in a civil court, only requires a preponderance of evidence, whereas, a lawsuit heard in a criminal court requires evidence that is beyond a reasonable doubt. However, a party may sue another party in both courts.

Each state has its own laws that establish procedures for bringing wrongful death lawsuits.

How can an estate representative bring a wrongful death lawsuit? What factors are necessary?

  • There must be a death of person.
  • This death must be caused by another party's negligence or misconduct.
  • This death must have caused a financial burden on the surviving family members. Damages are awarded based on financial injury.
  • and, One person must be made the estate representative in the case. A representative for the deceased's estate must bring these lawsuits to action.

Examples of wrongful death claims:

  • Medical malpractice
  • Automobile accidents
  • Abuse
  • Occupational hazard

 

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