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WRONGFUL DEATH
Losing a loved one due to someone's negligence can be devastating. That's why I try to be more than a lawyer to my client's in these situations. I am an advocate, safeguarding their rights 100% of the time, but my clients are human and sometimes need a friend, especially if they've just lost someone close to them. So, if you're looking for answers about a recent death of a relative call me. I approach these cases with compassion and understanding.
?WHAT IS WRONGFUL DEATH
Wrongful death really falls under the category of personal injury. Most of the elements in a personal injury lawsuit apply in a wrongful death claim. When someone is injured and dies because of their injury, the family of the deceased can bring a wrongful death claim against the person or entity that caused the death.
A wrongful death claim cannot be filed by just anyone. Spouses, children, parents, and other immediate family members of the deceased are entitled to damages. Their compensation may include funeral costs, medical bills the deceased incurred because of the injury, pain and suffering the deceased experienced prior to death, loss of companionship, and loss of any inheritance the surviving relative would have received.
CAUSES OF WRONGFUL DEATH
A wrongful death is a civil claim, but criminal charges can also be filed against the wrongdoer, especially when the cause of death was intentional. Criminal charges are also filed when the death is caused by gross negligence (extreme carelessness). In a criminal case the burden of proof is much higher than it is in the civil suit. The prosecution must prove beyond a reasonable doubt that the defendant caused the death. Whereas in the civil lawsuit the plaintiff (family member) only needs to show by a preponderance of the evidence that the wrongdoer caused the death. That is why a defendant sometimes successfully defends criminal charges but loses the civil suit.
However, in a cause of action for wrongful death due to negligence e.g. a car wreck, the family member must prove by a preponderance of the evidence all the elements of negligence. Not just that the defendant caused the death, but that:
1. defendant owed the deceased a duty of care
2. the defendant breached that duty
3. The breach of duty caused the death
4. The family member suffered damages due to the death
This is true for car wrecks, slip and falls, and defective products that cause injuries that are fatal. When someone dies from injuries they sustained at work, there is a claim for benefits his/her family my file but it must be filed with the Workers' Compensation Commission. The surviving family members are not required to prove all the elements of negligence, only that the death was caused by the injury sustained in the course and scope of the deceased’s employment.