It is totally normal for those left behind when someone dies unexpectedly to look for someone to blame for what they have lost. In some cases, the law actually supports the idea that an outside party may have a degree of culpability for an individual’s premature passing.
Car crashes, medical malpractice and even defective products can be the reason that someone dies before their time. The grieving family members left behind after such tragedies often wonder about what rights they may have. State law permits wrongful death lawsuits in specific scenarios.
When can finally members hope to obtain justice for a death through litigation?
When there is clear fault
The burden of proof falls to the plaintiffs in a wrongful death scenario. Those hoping to take legal action typically need convincing evidence that the circumstances meet the standard established in state law.
Specifically, they need proof of omissions or wrongful acts. Wrongful acts might include drunk driving and other types of criminal activity. Omissions can include negligence and the failure to act in a way that could have saved someone’s life.
The standard of evidence is not as high as what the criminal courts require for a conviction. The family only needs to show that a preponderance of the evidence supports their claim. They do not have to prove beyond a reasonable doubt that a business or individual caused the tragedy. Wrongful death lawsuits are possible even in cases when the state could not prosecute the party at fault because the standard for evidence is lower.
When there are verifiable losses
Wrongful death lawsuits are essentially litigation seeking to recoup damages. Plaintiffs typically need evidence of financial losses caused by their loved ones passing.
Those losses typically need to exceed any insurance coverage provided by the defendant. Certain non-economic losses, like the loss of companionship, can also contribute to the overall amount sought in a wrongful death lawsuit.
Estimating the current and likely future losses caused by a tragedy can be a good starting point for those hoping to seek justice through a wrongful death lawsuit. Grieving families can sometimes obtain justice through the civil courts, as well as compensation for the economic impact that losing a loved one has caused for their families.