A wrongful death lawsuit is considered a type of claim that is initiated by the family members of a person that passed away as a result of another party’s negligent or careless behavior or an act that is deemed intentional. It is a lawsuit that is typically brought against a person, several people or organization that is thought to be responsible for the person’s death. The entire wrongful death claim is dependent on being able to prove that the death resulted from another person’s actions. The outcome of these cases will determine if surviving family members receive any type of monetary compensation to cover medical and funeral expenses, as well as the loss of income the deceased person may have earned in the future.
Prior to any wrongful death laws being passed in individual states, there were no wrongful death claims in existence. The claims that are now available were not available under instances of common law, which were the legal principles, which were passed from England to the U.S. over a number of centuries. Under the stipulations of common law, any negligence claims were eliminated when the victim passed away, which means that the survivors were not able to recover any type of losses or damages due to the loss of their family member.
In order to have a successful outcome for a wrongful death claim, the survivors have to prove the following:
- That the person who is being sued was the one that actually caused the victim’s death.
- That the person who is being sued was either negligent when the death occurred or that they were responsible for the individuals death due to strict liability.
- That the victim’s beneficiaries, dependents or spouse are still living.
- That the victim’s death resulted in some type of monetary losses.
When you are trying to prove fault in a wrongful death case, it is a good idea to hire an injury lawyer in Chatham for assistance. This individual will have handled similar cases to yours in the past and be able to provide you with a knowledgeable defense for your particular situation, which is important in receiving the compensation you need and deserve.
Taking the time to find the right lawyer is essential. This will help you to achieve the best possible outcome for your case and ensure you receive the compensation you receive for the death of your loved one.