Ann S Sheeley (sheeleylaw) wrote,
Ann S Sheeley

Fundamental Parameters In a ‘Wrongful Death’ Lawsuit

A wrongful death lawsuit basically involves a family seeking damages for their loved one’s untimely death, claiming it was due to another person’s negligent, reckless, or deliberate behavior. The premise behind such lawsuit is that not only did the victim lose his or her life due to someone else’s carelessness, but their family have also been directly affected both emotionally and financially because of that person’s passing.

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For a wrongful death claim to be successful, the surviving family members must establish two things:

  1. Proofs—such as a police report, video footage, and eyewitness’ statement, among others—must be presented to verify that the death was indeed caused by someone else’s negligence, recklessness, or deliberate act and not by their loved one’s action or inaction.

  2. If the first requirement is met, the surviving family members then must establish that they suffered quantifiable damages due to their loved one’s wrongful death.

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Situations, where wrongful death lawsuits are possible, include an accidental death caused by a vehicular accident or poor road conditions, work-related death, medical malpractice, or death caused by an unlawful act during the commission of a crime.

Death that is allegedly due to one’s intentional infliction of emotional distress to another person (causing him or her to commit suicide) is one of the most difficult issues that this type of lawsuit struggles to address. More often than not, it expands liability beyond the common law.

For more insights about personal injury and wrongful death, visit Atty. Ann Sheeley’s official website.
Tags: accident, lawsuits, negligence, personal injury law, torts, wrongful death
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