What constitutes a wrongful death lawsuit?
Wrongful death claims compensate families for a loved one lost because of the negligence, recklessness, or intentional action of another party.
The families prevail if they can establish by a preponderance of the evidence that the accused(s) had a responsibility to exercise care, failed to fulfill that responsibility, and their loved one’s demise resulted from that violation. To secure maximum damages, they must demonstrate the impact of the loss on family members.
Accused parties can encompass individuals, corporations, or government entities. For example, all motorists are assumed to owe a duty of care to other drivers and pedestrians. If they violate that duty through negligent driving and cause a fatality, they are liable for a wrongful death.
A wrongful death lawsuit can be pursued when a victim of a personal injury accident is fatally harmed due to the carelessness of the responsible party or as a result of an intentional act causing harm that led to their demise.
Here are the circumstances where a wrongful death claim can be pursued.
Wrongful deaths are usually preventable and only occur because of another individual or entity’s neglect, misconduct, and lack of care.
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