In a tort case, where the defendant’s behavior leads to the death of the victim, whose surviving family members and dependents will struggle immensely because of the loss, wrongful death laws would apply. The reason for having such laws is, so compensation gets awarded to the survivors. It is not a settlement for the deceased individual.
All wrongful death claims have statutes which govern them. However, negligence and any other precepts which apply to cases involving accidents get created by judges. The distinction of these doctrines from wrongful death law is significant. Legally, the origins resulting in the actions of an event like wrongful death, unlike negligence, for example, does not get left to the courts for open interpretation. Plaintiffs have the responsibility of following specific state legislated requirements for success with a claim. If the statute does not get met fully, the case could get dismissed.
The defendant of a wrongful death claim will investigate the particulars of the victim’s relationship with the surviving dependents and family members. All findings will get presented in open court. The victim’s contributions to the family determine what damages will occur because of the death. The defendant could lessen the amount of claimed damages if able to provide evidence showing how the victim used most of his or her income to pay for other things and did not give as much to the family or by refuting emotional ties between the relatives and the victim.
If a person dies from non-natural causes, it is possible for a wrongful death suit to get filed. The plaintiff has the burden of proof to show how a third party’s inaction or action caused the non-natural death of the victim. The third party could be a government entity, company, or individual. A wrongful death could result from any of the following:
If you would like to file a wrongful death claim, contact an experienced, passionate, and knowledgeable lawyer at KBA Attorneys for a free case evaluation.
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