Not every untimely death is viewed as wrongful, as there has to be a foundation for a claim against an offender, and the death must meet the criteria for negligent action or inaction. Accidental injury is one of the main causes of fatalities in the United States. Falls, car accidents, accidental poisoning, among others, comprise some of the biggest percentages of wrongful death. Other common wrongful death cases involve medical malpractice, defective products, workplace accidents, and premises liability. In certain cases, wrongful death may have been the result of a premeditated or criminal act.
The passing of a loved one can be devastating enough, even when it occurs naturally. So knowing that another party was responsible for the loss can cause further anguish for those grieving. Not only did they lose someone they cherish, but knowing another had a hand in that happening adds even more distress in which justice is fueled by anger and yearning for a sense of justice. Many family members are motivated to file a case so that the offender is held accountable by law, they can receive financial support during their time of grief, and their loved ones life will not have been lost in vain.The people who can come forward with a wrongful death case will depend on state law. Some states allow specific family members to file, where others cannot. Usually, a spouse, children, and parents are permitted to submit a wrongful death case. But in other states, this may extend to siblings and grandparents too.
As a wrongful death lawyer explains, settlements for wrongful death happen when the plaintiff is paid by the insurance company of the defendant. The total amount provided in a wrongful death lawsuit will be calculated by assessing financial damages related to the person’s death. This can be losses for burial and funeral costs, medical expenses, loss of potential earnings, and more. After the damages are added, they will be used as the foundation for the total amount. The at-fault party’s insurance company will use a multiplier method or per diem to reach the final amount to be awarded.
Similar to a personal injury lawsuit, a wrongful death lawsuit at the civil level is where surviving loved ones seek financial restitution from the offender. When someone is sued at the civil level, there is no jail, probation, or other related sanctions that get enforced. Monetary damages are the sole gain and intent for the victim’s loved ones when filing a wrongful death case. Another difference between a criminal and civil case is that the defendant’s liability only has to be proven through a preponderance of evidence. Compared to a criminal case, where it has to be shown beyond a reasonable doubt. The latter is a much more challenging threshold to prove. Ultimately, relatives who want to file a wrongful death lawsuit are advised to speak with a legal team, similar to the lawyers from Tuttle Law, P.A. as soon as possible.
