Basis of a Wrongful Death Lawsuit
Monday, June 28th, 2010Wrongful death cases are contested as per common law. This claim is filed as part of civil action undertaken by the immediate relatives of the dead and as per the state statutes. In United States, these sort of cases are decided on the basis of the available evidence and not on the basis of how convincing the facts appear to be. It does not even matter whether the lawyer manages to establish the case as one beyond reasonable doubt.
A wrongful death claim seeks to establish the fact that the death of an individual occurred due to a negligent act by another individual. This claim is vastly different from a regular case of negligence that is filed by the individual themselves. Such a case is filed under common law which was sourced from the laws that existed in England. The argument against the existence of such a law was that the claim was no longer valid with the death of the victim. Over the years each of the states introduced their respective wrongful death acts that sought to compensate the next of kin of a victim.
Though the basic principles of the wrongful death act remain the same, some state specific changes are nothing new. The basic constituents of a wrongful death claim are:
- The defendant’s negligent act was responsible for the death of the victim
- There have been monetary losses owing to the death
- The defendant’s conduct was partially or completely responsible for the death
- The victim is survived by children, dependants or a spouse
A case for a wrongful death can be filed for an unintentional or intentional act that might have incurred the fatal blow. An intentional act is caused when any of the two parties involved in an altercation strikes a blow thereby causing the death of another individual. A driver hitting a passerby and thereby responsible for the latter’s death can be charged with a case negligence. A specialist Tampa wrongful death lawyer can successfully handle your case.