When a person dies or is killed because of the misconduct or negligence of another person, the surviving family can sue in a wrongful death lawsuit using the best wrongful death lawyers that they can find.
Most wrongful death actions follow criminal trials using much of the same evidence, but there is a lower standard of proof. It is possible to be found liable for wrongful death without being convicted of the crime related to that death.
The most famous example involves former football player O.J. Simpson. He was found not guilty in 1994 of murder because the prosecution could not establish his guilt beyond a reasonable doubt. However, he was found liable in a wrongful death lawsuit two years later. The plaintiffs in that case won because they were able to prove the murder by a preponderance of the evidence.
Requirements of a Wrongful Death Lawsuit
The best wrongful death attorney can bring a successful wrongful death action, but these elements must exist:
- A human being died.
- The death was caused by the negligence of another person, or had the intent to cause harm.
- The surviving family members have suffered monetary injury because of the death.
- There has been a personal representative appointed for the estate of the decedent.
A wrongful death lawsuit can be brought in many circumstances, including:
- Medical malpractice by a doctor or healthcare facility that caused the death.
- Airplane or car accident.
- Work exposure to hazardous substances or conditions.
- Criminal conduct, such as murder.
- Death during an activity that was supervised.
Damages in a Wrongful Death Lawsuit
Financial injury is the major measure of damages in these cases. Courts have interpreted this to mean loss of services, support, loss of possible inheritance, and funeral and medical expenses. The damage award can include interest from the date of the person’s death.
When determining the financial loss in such a lawsuit, it is important to consider age, character and condition of the person who died. Also important to consider is his past earning capacity, life expectancy, intelligence and health, and the circumstance of the family.
If you have lost a loved one in an accident that was caused by another person’s negligence or deliberate action, you should talk to the best wrongful death lawyers in your area. You may be able to receive compensation for your pain and suffering, loss of companionship, funeral costs, and more.
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