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What constitutes a wrongful death lawsuit?

On Behalf of | Jan 22, 2020 | Wrongful Death

Should your kin die due to murder, negligence or misconduct by someone else, you may sue for wrongful death. However, it would help if you prepared for either conviction or no conviction of the individual. The standard of proof you present to the court determines whether he or she will be liable for the offense. For the court to convict them, the evidence should be sufficient to prove that the person is guilty. 

Furthermore, you need a personal representative to present your suit for wrongful death. According to Findlaw, the representative will give the evidence of expenses incurred, pain, suffering and injury before a court. 

Elements of a wrongful death lawsuit 

Some details have to be present if your wrongful death lawsuit is to succeed. They include; 

  • The death of a human being. As you know, you cannot sue for wrongful death while the person is still alive 
  • The death has to be caused by someone else, either due to misconduct or negligence. Also, sometimes it may not be accidental but with intent to cause harm. 
  • You must appoint a personal representative who will bring about the suit for wrongful death. 
  • There should be surviving relatives who suffered due to the death of the descendant. 

Determining the damages in a wrongful death lawsuit 

The court will likely seek to know the commonly monetary damages. Such damages include the loss of support, services or even some medical costs. Also, monetary damages can be payments you made for expenses such as medical care, funeral or any other loss you may have incurred before the death.