According to Murphy’s Law, anything that can happen will happen. Apply this scientific property to accidents where wrongful death has occurred and it seems to match up. Sometimes people pass away from fatal accidents in the most unexpected ways. Sometimes these accidents resulting in fatal death can be attributed to the negligence of another.
If you or a loved one suspect that this could be true about how your loved one died, there are a few elements of wrongful death that can help prove your accusation. Wrongful death suits have a lower standard of proof compared to manslaughter suits or other similar criminal suits. People on trial for a wrongful death can be found guilty based on a
preponderance of the evidence. A personal representative of the deceased’s estate may decide to seek reparations for the wrongful death of a loved one.
In order to bring a successful cause of action against a party accused of wrongful death, a few things must be proven. First a death has occurred; this is pretty obvious. Second this death was caused by the accused’s negligence, or with intent to harm. Third, living family members must now suffer monetary loss from this death and there also must be a personal representative of the deceased’s estate. These things must be proven to be true in order to begin a wrongful death suit.
Since wrongful death suits must be filed within a short window of time from the occurrence date, there is a short amount of time to seek damages. Likely the shock of the loved one’s passing is still fresh in your mind. This is a difficult time for friends and family. However, seeking a wrongful death suit could be the difference between financial stability or instability in the future.
Source: Findlaw, “Wrongful Death Overview,” Accessed Nov. 1, 2015