There are a lot of people who wonder what constitutes a wrongful death. These people will generally be the loved ones of someone who has passed before their time. If you are in this situation, you might want to know what a wrongful death is and whether your loved ones passing constitutes this.
What Is A Wrongful Death?
A wrongful death is when someone is killed or dies as a result of the wrongful actions of another person. What constitutes a wrongful death will vary depending on the state and the Tort Laws which are in place. In most states, the family an individual who has died due to the willful negligence and misconduct of another person will have the right to file a wrongful death lawsuit.
Most wrongful death lawsuits will generally follow a criminal trial for the death of the individual. The criminal trial will provide the evidence which is needed to file a wrongful death claim. The benefit of these claims is that the standard of proof will be lower than for a criminal trial. It is important to note that people who are found guilty in a wrongful death lawsuit may not always be convicted of the crime associated with the death.
Who Can File A Wrongful Death Lawsuit?
If you believe that your loved one passed away due to the actions of someone else, you may be able to file a wrongful death lawsuit. Most states will allow for the surviving spouse, children and next of kin to file a lawsuit. Other family members may have a harder time proving their claim and you will need to speak with an attorney in these cases.
It is important to note that there are certain states where only minor children are able to file a wrongful death lawsuit. These states believe that adult children do not require the support provided by the claim. Contact The Miami Injury Lawyers if your loved one has passed away due to another person’s reckless behavior.