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
- Occupational hazard