Wrongful Death Claims – How It Works

A wrongful death claim is filed when the defendant’s negligence or intentional act causes someone’s death.

In wrongful death claims, the estate and/or the deceased person’s near and dear ones are entitled to file a lawsuit against the person supposedly responsible for the death through his/her inadvertent or negligent action. Though each state has its own set of laws for wrongful death claims, such kinds of lawsuits always involve the party representing the deceased person’s estate, usually on behalf of the survivors affected by the incident.

When a Wrongful Death Claim Applies

A wrongful death claim is based on a simple logic that the deceased, who would otherwise have been entitled to file a personal injury claim, expired due to the defendant’s negligence or inadvertence that can be categorized under ‘Wrong.

A⁷ wrongful death in civil court was filed against O.J.Simpson for his alleged involvement in wrongful death of Ronald Goldman and Nicole Brown. The Civil lawsuit filed by the victims’ surviving family members were not identical to the state’s criminal cases against the alleged criminal (i.e Simpson).

When a person’s death results from medical malpractice, it makes a solid case for wrongful death claim. Medical malpractice cases usually involve a doctor who fails to provide the standard care or diagnose the disease and it causes the patient’s death.

Car accident injuries stem from negligent behaviors or actions, thereby making a case for wrongful death claim.

A wrongful death claim may emanate from literally any kind of personal injury that caused death to the victim. A noteworthy exception exists for injuries sustained at workplaces as these are usually governed by the workers’ compensation system.

What the Plaintiff Must Prove

To hold the defending party liable for the victim’s wrongful death, the claimant must fulfill the burden of proofs that the deceased would have to do had he or she been alive. By proving negligence, the plaintiff can establish it beyond doubt that the deceased deserved a duty of care from the defendant but the defendant failed to meet the standard and it was a direct or proximate cause of the victim’s death, and the death led to damages that the plaintiff now tries to recoup.

Who Can Bring a Wrongful Death Claim

A person, who represents the estate of the victim, on behalf of the surviving members close to the deceased, can bring a wrongful death  claim. If it comes to defining and identifying the survivors, rules vary from one state to another.

All states allow the spouse to bring a wrongful death claim on his/her deceased partner’s behalf. Parents of minors are also entitled to file a wrongful death claim if one of their children dies due to someone else’s fault or deliberate action. In the same vein, minors are allowed to collect compensation for wrongful death of any of their parents.

Some states allow the romantic partner to file a wrongful death claim by establishing his or her financial dependence on the deceased.

Talk to a learned, skilled and experienced Miami Wrongful Death Lawyers if you do think that anyone close to you has died due to someone else’s wrong action. The lawyer is the best person to suggest whether you have a valid ground for a wrongful death lawsuit and the chance of your claim.


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