A wrongful death lawsuit is filed when someone dies due to another person's negligence or wrongdoing. In some situations, this may include a car accident; in others, it may be suicide or homicide-related. The person responsible for the death is the tortfeasor and must pay damages to the victim's family. However, several factors determine how much money the family will receive and how they will go about receiving it. If you feel stuck in a situation like this, you should hire a wrongful death attorney from Hutzler Law to handle this situation for you.
Burden of Proof
When it comes to proving a wrongful death, it can be challenging for the plaintiff or the claimant to provide evidence or proof of a death like this. In a scenario like this, the person at fault has no responsibility for them since once the case is registered, they don't even need to testify in court if the matter directly goes to trial. Instead, the burden ultimately falls on the person claiming the wrongful death. In almost all cases, the claimant is the surviving family member and has to get into the details of finding evidence which can be stressful and traumatic for them to relive all these moments again. A person who causes any of these deaths is liable for damages in a civil suit for wrongful death, but it is the responsibility of the person filing the lawsuit to find evidence.
Linking Causation
Causation is another thing that can make it hard for claimants to prove wrongful death. For example, let's say your loved one was killed due to a car accident. You are claiming damages from the person who collided with the car. A relationship between car accidents and death needs to be found and refutedto any link with pre-existing problems. Another great example of this link between the causation is if your uncle tripped on your neighbor's sidewalk, became brain head, and died. The blame falls on the neighbor for not following the construction rules. But if your uncle had a heart attack right after tripping, your neighbor can come up with an argument like that to counter your claim. This is why linking with causation can be hard for the person filing a lawsuit.
Contributory Negligence
When claiming a wrongful death, you will have to fully put the responsibility on the other person and take it off your loved one. When negligence is divided between the defendant and the deceased, the wrongful death claim will be much more complicated according to the contributory negligence rules. This can be another hard thing for the claimant, making it prove liability in a wrongful death claim.
Conclusion
Although no one wants to deal with a wrongful death lawsuit, these are necessary measures to ensure compensation for victims' families. Understanding how long people are considered deceased under the law proves crucial when determining who will seek compensation through a lawsuit. Things like the burden of proof and the link between causation and contributory negligence can make the entire process hard for the claimant and might put them back in trauma.
