Requirements to Pursue a Wrongful Death Civil Lawsuit

Anton Nickloi    Wrongful Death    

In the aftermath of losing a loved one due to a sudden and tragic accident, a bereaved family may be unsure of the possible legal action that can be taken so that justice can be served in light of their loss. Many people in such situations have little prior knowledge about the requirements for a wrongful death lawsuit since they’ve never been in that type of situation. A wrongful death lawyer Corpus Christi offers the following basic information to help you understand the four basic aspects that must exist in order for a wrongful death lawsuit to have merit.

• The person that has died, also known as the decedent, must have died due to an accident caused in whole or in part by the action or inaction of another person or entity.
• The liable party or parties must have been acting negligently in some way, in which they can be proven to have violated their legal duty toward the decedent.
• The decedent must have a surviving family member or a beneficiary who can pursue legal action on their behalf.
• The decedent or the decedent’s family or beneficiaries must have incurred some type of financial loss as a result of the death. This financial loss is known as damages.

If any of these characteristics do not exist, a wrongful death case likely does not have merit. However, if you believe that your loved one’s fatal accident may have been caused by the negligent behavior of another person or entity, but are unsure if financial loss happened or if the liable party was negligent, consider contacting an experienced wrongful death attorney who can apprise you of the possible merit of your wrongful death lawsuit. In some instances, financial loss may have occurred that the decedent’s family does not know about. For example, damages for pain and suffering and loss of future wages are common types of damages that can be sought in wrongful death cases.

It should also be noted that a wrongful death civil lawsuit can be pursued regardless of any criminal charges that a plaintiff may also be facing. For example, a distracted driver that strikes and kills a pedestrian will likely not be pressed with criminal charges. However, the pedestrian’s family can seek to have justice served through a wrongful death lawsuit against that driver. On the other hand, if that same driver happened to have been drunk and then caused a fatal drunk driving pedestrian accident, the driver would likely be pressed with criminal charges. In such an event, the pedestrian’s family could still seek justice for their loss through a wrongful death civil lawsuit.

Seeking legal action against a negligent party in the aftermath of losing a loved one is an important step to take for two reasons: compensation and justice. The compensation possibly received through a successful conclusion to a wrongful death lawsuit can help with your loved one’s medical bills prior to death, funeral expenses, lost future wages, and compensation for your own pain and suffering as a result of your loss. The justice sought through a wrongful death lawsuit is just as important so that a liable party’s negligent behavior is punished in the hope that their continued negligent behavior abates and does not have to cause further loss of life.

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