The claim of a wrongful death lawsuit is considered to be a special and unique kind of lawsuit registered for someone who dies as a result of negligence by another person or company. This means, in most states, the law does not allow a deceased person, also known as the decedent, to file a lawsuit for the occurrence of wrongful death.
In fact, another person, mostly close relatives affected by the death of the decedent, must bring the lawsuit legally to the civil court. Ideally, this is done through an experienced wrongful death attorney to get an optimal result. Even though each state has its own wrongful death laws, the case is usually filed by the representative or lawyer on behalf of the surviving close relatives and family members of the deceased. Typically, this is how the case takes the form of a 'wrongful death lawsuit'.
In addition to it, this wrongful death lawsuit also seeks a civil remedy which means monetary damages must be fulfilled by the person or company that played their part of negligence in the death of the decedent. They are the ones who were legally liable for the death of a person and must fulfill their responsibility for the wrongful action and fatalities caused.
When A Wrong Death Claim Is Applicable
The wrongful death lawsuit is filed after experiencing a situation where the victim could have remained alive with injuries but instead is killed as a result of negligence, wrongful action, or intentional act of the defendant, be it a person or a company.
Furthermore, this situation can occur in a variety of circumstances, that include, car accidents or plane crash considered as negligence, medical malpractice considered as a wrongful action or wrong diagnosis by the hospital staff, or a person committing murder as an intentional act.
However, these are just some situations mentioned that cause personal injury to the descendant which can turn into a lawsuit of a wrongful death claim by the representative. Instead, a wrongful death claim can be brought up after any personal injury situation such as domestic violence and assault.
Although the only time when wrongful death is inapplicable is when someone dies as a result of work injuries, which means fatality caused at work. Typically, cases like these are exclusively handled through the compensation system of the worker where they have complete insurance too.
What Must Be Proven By The Representative Of A Wrongful Death Lawsuit?
To hold the defendant liable to the charge, the same proof must be given that the decedent would be asked to give if the decedent was alive. This means proving that the defendant showed negligence and was supposed to show a duty of care because of the decedent. The defendant owed protection for the deceased and yet failed, either by making a wrong decision, through negligence or intentionally. Not meeting the criteria of care, protection, and responsibility resulted in the death of the deceased.
Usually, these proofs are presented by the close people who file a wrongful death lawsuit of the decedent or the representative working on behalf of those people.
