Families typically grieve every loss, even if the person who died far exceeded the average life expectancy. They often look for ways to seek justice and closure. In some cases, wrongful death litigation can provide financial relief and emotional vindication for grieving survivors.
Every death feels wrongful to those left behind, but many times, an individual’s passing is not technically a wrongful death. State statutes limit wrongful death litigation to very specific circumstances. Families hoping to pursue justice by taking legal action after a tragedy need to understand what separates a tragic experience from an actionable wrongful death.
Wrongful deaths are the fault of another party
For a death to be wrongful under state statutes, there needs to be evidence of negligence, defaults or overt misconduct on the part of an individual or business. People driving after drinking break the law and commit a wrongful act that could lead to litigation.
Defaulting on contractual obligations could also lead to wrongful death lawsuits. Overtly negligent conduct, ranging from unsafe behavior in traffic to the failure to maintain a property, could also lead to people claiming that a death was wrongful.
There needs to be evidence supporting the claim of fault, as well as proof of economic and noneconomic losses related to the passing. Thankfully, the standard of proof for civil litigation is lower than the requirements for criminal prosecution. Even if the state declines to pursue charges related to the tragedy, a wrongful death lawsuit could still be possible.
Those hoping to seek justice in the civil courts after a tragedy may need help evaluating their situation. Reviewing what caused a loved one’s premature passing can help families determine if they have grounds to file a wrongful death lawsuit.
