How To Determine Who Is Liable In A Wrongful Death Lawsuit

When a family member dies in an accident, we instinctively want to place blame on the correct party, so that they can be punished for our loss. Bringing a wrongful death lawsuit can serve to confirm liability, and may prevent the same type of accident from happening to someone else in the future. Knowing that we have made others more aware of the circumstances of a loved one’s death and possibly saved the lives of others helps us cope with our loss.

How to Press Wrongful Death Charges
Accusing a party of wrongful death in the name of the deceased person takes place in the state court setting. If you wish to pursue a wrongful death case, consult a local personal injury or wrongful death attorney who will understand the state tort laws. A personal representative of the estate will be responsible for the civil lawsuit.

The intent of a wrongful death lawsuit is to legally establish the fault of the accused party and to request monetary damages as partial recompense for the family’s loss. The American Bar Association’s Family Legal Guide can help family members define wrongful death as it applies to their loved one’s case.

Making a Case
Your wrongful death lawyer will let you know if you have the evidence and other elements to make a strong enough case to win in court. If so, you may seek financial damages from the defendant based on your loss.

In the majority of wrongful death cases, negligence must be proven as a cause of the injuries leading to fatality. Negligence is unreasonable action under prevailing conditions that leads to the personal harm, or in this case, death, of another. This is not a criminal prosecution by the state in which intent to harm is verified, but a civil recognition of a loss that requires some type of reparation by the guilty party.

Requesting an Award
While nothing can replace the totality of the deceased person in your life, the court can award you money to represent what was lost with his or her death.

Monetary awards are meant to address losses when the deceased was:

• the sole or partial wage-earner in the family
• the biological or adoptive parent of surviving children
• the companion of a spouse
• conscious and suffering between the time of injury and death

Any pecuniary awards will be sanctioned by jury and judge, based on the familial relationship and personal circumstances of the deceased.