Wrongful Death Law

Wrongful death law refers to one of the branches of the TORT law where the estate of a victim is allowed to recover when someone has been killed. Tort law basically deals with both negligent behavior and intentional causes of damages. This is basically a civil law such that people are allowed to bring lawsuits against each other. What this also means is that the penalties are mainly going to be monetary instead of the ones that are criminal in nature that will require the guilty party to cool their heels in jail.

wrongful death

Under the law in the US as well as several other countries, all persons owe a legal duty to other people so that they don’t cause them any harm. When another party breaches this legal duty by behaving in careless manner or by doing something willfully so that another person gets injured; the person who gets injured by the intentional bad conduct or negligence has a legal right to be made whole. The tort law dictates that all that a person has to prove is that the duty was breached as well as what types of damages the injure person is entitled to recover.

However, when a person has died as a result of intentional wrongdoing or the negligence of another person; the victim cannot surely sue the one who was responsible for their injury. The law, therefore, dictates that someone else can recover and the person that caused the injury is till obliged to pay; this is where wrongful death law comes into play so that the estate of the deceased person is allowed to file suit. For you to be allowed to file a wrongful death case, you must have standing. This simply means that you must be related in a way to the deceased person and that you must also have an appropriate connection to the deceased so as to represent the estate. Normally, it is husbands, wives, children or parents that are allowed to contact wrongful death attorneys and file suit under the wrongful death law. The law therefore excludes casual acquaintances and neighbors from filing wrongful death suits.

When a plaintiff brings a wrongful death suit, they must be able to prove any elements of the case that the victim would have been able to prove if they were alive. If, for instance, the plaintiff is suing on negligence, they have to prove that the defendant was truly negligent and that it was that negligence that was the direct or indirect cause of the injury and that for sure there were injuries and damages that took place. Once the person suing for wrongful death proves the same elements that are enough to recover for death, the law dictates that an appropriate settlement will be made for wrongful death based on the person’s life expectancy and the amount of money they should have made by then.

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