Wrongful Death Facts That Families Of Victims Should Know

When a person dies due to negligence and misconduct, it is labeled as a wrongful death. Lawsuits regarding wrongful death are often filed once the criminal trial is over. A great deal of the time, evidence that was used during said criminal trials are also presented in wrongful death trials. The only difference is that the standard of proof in wrongful death trials is lower.

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It doesn’t necessarily mean that if a defendant is found guilty in a criminal trial, he or she will be found guilty in a wrongful death case. There have also been instances where defendants were innocent in criminal trials, only to be found guilty in wrongful death trials.

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One of the common causes of wrongful death is medical malpractice. But other than medical malpractice and murder, other causes of wrongful death include car accidents, plane crashes, workplace accidents (due to dangerous conditions), death during a supervised activity, and structural malfunction among others.

Lawsuits involving wrongful death should be filed by a family or estate representative. And cases are filed on behalf of the family and loved ones of the victims, who are most likely suffering from psychological and emotional anguish, as well as financial loss due to the wrongful death.

Sheeley Law asssists clients through a great number of legal issues, including wrongful death cases. For more on the firm and its services, visit its official website.

Identifying causation: How to prove wrongful death

Grief may cause a person to blame others for the death of a loved one. However, imputing blame isn’t always based on emotions. There are other valid bases, such as the possibility of a wrongful death. Wrongful death is a case where a person dies due to a third party’s negligence or misconduct.

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Laws governing wrongful death cases vary in every state. A wrongful death claim may be filed by a representative in behalf of the deceased. Among those who could file a claim are immediate family members, life partners, and financial dependents.

A wrongful death claim has to be corroborated by key elements of the case. One element considered is the duty of the defendant. Was the defendant responsible for protecting the victim from harm? Or was there due care expected from the defendant, a duty which he or she neglected, causing the death of the victim? The injury must be foreseeable through its causal connection to the act of duty or lack thereof.

As most claims arise from negligence cases, breach of duty is another aspect that investigators look into. The claim must have solid proof that the defendant abandoned his or her duty or failed to perform it in an adequate manner. In cases of medical malpractice, for instance, the death may have been caused by erroneous diagnosis from the beginning, or careless and insufficient care provided throughout the treatment process or the surgery.

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Satisfying the aforesaid conditions will enable the plaintiff to prove causation. The act (negligence) must be proven to be the promixate or real cause of the injury. Past records, medical history, and other evidence will be gathered in order to establish that the death would not have occurred if negligence or breach of duty is not present.

Ann S. Sheeley has over 25 years of experience in handling wrongful death lawsuits, and worker’s compensation claims. For more of her practices, visit this website.