When a family member dies, the people close to them could have a hard time adapting. They may take days off of work because they struggle to control their emotions. Other times, they may throw themselves into work projects so that they don’t have to think about their home life and what they have lost. After the initial shock wears off, many people eventually experience profound anger.
In some cases, that anger may be toward the world or a higher power. Other times, they may focus their anger on a specific person or a business. Individuals who believe that an outside party has direct responsibility for a loved one’s passing may feel particularly frustrated in scenarios where the state does not prosecute the party they blame for their tragic loss.
In some cases, they may be able to obtain closure and a sense of vindication by pursuing a wrongful death lawsuit in the civil court. Not every premature death warrants a wrongful death lawsuit. When is litigation a reasonable option?
When a tragic incident meets specific standards
State law clearly explains that there are two general justifications for a wrongful death lawsuit. The first is when one party engaged in wrongful acts, such as breaking the law.
Cases involving drunk driving and other illegal traffic conduct or criminal activity, including robberies and assaults, may provide the necessary grounds for a wrongful death lawsuit. Even if the state did not pursue criminal charges or could not secure a conviction, a civil lawsuit might be possible. The burden of proof is lower in the civil courts as opposed to the criminal courts.
The second scenario in which a wrongful death lawsuit is possible is when the situation involves neglect. The failure to complete obligations or to fulfill a duty of care could result in a wrongful death lawsuit. Neglect or negligence involves the failure to do something that is crucial for safety or engaging in behavior that is obviously unsafe. Inappropriate behavior in traffic or inadequate property maintenance are examples of neglect that might result in a tragic outcome.
When there are economic losses
Wrongful death lawsuits can result in an award of financial compensation based on the harm caused by a premature passing. Typically, the personal representative of the deceased individual’s estate must have evidence of economic losses triggered by their death. Lost wages, medical expenses and other consequences for their immediate family could contribute to the overall value of a wrongful death lawsuit.
Grieving families are often uncertain about how to proceed when contemplating a wrongful death lawsuit. Discussing the situation that led to the tragedy with a skilled legal team can help those struggling with grief determine if they may have grounds for a wrongful death lawsuit.