2 Things To Know Before You File A Wrongful Death Suit

Posted on: 15 January 2019

If you have lost a loved one because they died in an accident, there are things that you can do. One of those things is to sue the person who was responsible for their death in a wrongful death suit. If you are going to do that, then there are things that you need to know before you start. 

Crime Victim

If your loved one was a victim of a crime and they died because of it, but their alleged attacker was acquitted, you can still file a wrongful death lawsuit against them. A wrongful death suit is a civil law, and the burden of proof is different. For example, instead of your side having to prove beyond a shadow of a doubt that the alleged attacker did it, they have to prove that they didn't do it. If the lawsuit is decided in your favor, it still won't put the attacker in jail, but they will have consequences, generally of a monetary nature. An example of this is the murders of OJ Simpson's former wife and her partner. He was acquitted of their murder, but the families of his victims were able to take him to court and file a wrongful death suit against him. 

Legal Standing

You need to make sure that you have the legal standing in order to file a wrongful death lawsuit. In most states, that means that you have to be immediate family, such as a spouse or a child. However, if you are the legal guardian of a child of the person, you can file on that child's behalf. In some states, you may also be able to file if that person was financially responsible for you. That means that if you were a business partner of the deceased person, you may be able to file a case on your own behalf. You will have to speak to a lawyer to see if you have the legal standing in order to file the lawsuit and what you can reasonably expect to get. You may also want to check to see what all you have the legal standing to file as part of your lawsuit. For example, if it was your spouse who died, you may be able to file for loss of consortium since you have just lost your life partner. You may also be able to sue for lost wages for the amount of money they would've brought into the house for the rest of their working life. 

Losing a loved one can be devastating. Depending on how they died, you may be able to file a wrongful death suit against the person or people responsible for their death. Contact a local wrongful death accident attorney to learn more.


Preventing Accidents Every Day

After struggling significantly with injuries that I sustained in an accident, I started thinking about various ways that I could improve the future. I began talking with different people about how to recover some losses, and they recommended looking for legal counsel. I began working hard to look for a lawyer, and a friend of mine mentioned that the attorney I was interested in was taking new clients. I met with them to work out how to handle the case, and we started working together to remedy things. With the lawyer's help, I was able to completely overhaul my lifestyle, and I have been able to recover those losses. Check out this blog for more information.


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