Defining Wrongful Death
Posted on 22. Feb, 2010 by Attorney in Uncategorized
Every year, you hear of men and women bringing wrongful death lawsuits against any number of defendants. If you feel that your family or loved ones may be the victim of wrongful death, it is important to know exactly what the term entails and who is able to file a claim.
Wrongful Death
A lawsuit of wrongful death is one brought against a person who is held legally liable for the death of the victim – either through negligence, murder, manslaughter, or intentional attack. Whereas the criminal element is brought in a criminal court with a charge of homicide or manslaughter, a wrongful death case is a civil case, brought by relatives close to the deceased. Not all wrongful death suits are the result of a crime, but many are. Successfully claiming wrongful death requires that the plaintiff prove four different elements.
First, the defendant needs to have caused – in part or in whole – the death of the victim through their actions. Second, they must show there was negligence that lead to the death. Third, there must be a surviving relative to collect damages in the case. Finally, the damages related to the death include expenses related to the death, future earnings, loss of benefits, pain and suffering, and in some states, punitive damages.
Wrongful Death Limitations
There are also limitations on who can file a wrongful death suit. For example, a family member cannot bring such a suit against a family member. There are also varying statutes of limitation in each state. In fact, most states have widely varying laws regarding wrongful death – making it important to talk to a lawyer about your case before taking any additional steps.
Finding fault in someone else for the death of a loved one can be hard to establish on your own. Generally, the minds of relatives are clouded with grief and the desire to lay the blame somewhere. However, if you find that you have a case against someone in regards to wrongful death, be sure to keep and organize all files, correspondences, and testimonies related to the case. There are a number of factors that need to be proven for your case to be successful. As a result, you want to bring as much evidence to your lawyer as possible.
This article is not intended to be used as legal advice.
Stop wrongful death from affecting your family any further. Get more details from Ken Allen Law in Indiana.
