Understanding Wrongful Death Claims

A wrongful death occurs when someone is killed as a result of the negligent or reckless actions of another person. In situations where a person’s actions are intended to harm or kill the victim, it will be considered wrongful death as well.

Typically, only the immediate family of the victim, the spouse and children, are allowed to file a wrongful death claim. Sometimes, this will be extended to include the parents of the victim, particularly in instances where the victim does not have a spouse or children.

Causes of Wrongful Death

Wrongful death claims can result from any incident where a person’s death is caused by negligent or reckless behavior. These incidents can include:

· Motor vehicle accidents

· Defective products

· Surgical error

· Medical malpractice

· Nursing home abuse

· Construction accidents

· Workplace accidents

· Unsafe premises

· Plane crashes

Proving Fault

In order to win a wrongful death lawsuit, you must be able to prove that the person accused of wrongful death had an obligation to act in a certain way, and by failing to do so, caused the victim’s death.

The burden of proof in wrongful death cases is a “preponderance of the evidence.” This means you only have to show that it is more likely than not that the defendant’s actions led to the death of your loved one. This is considerably less than the burden of proof in a criminal case, where you need to prove guilt “beyond a reasonable doubt.”

Evidence needed to prove fault in a wrongful death case includes testimony from witnesses who saw the incident, medical reports, and police reports. In cases involving product liability, vehicle safety, or workplace safety, you might also need testimony from an expert witness.

Compensation

Generally, damages are awarded to financially compensate the victim’s family for their losses. Damages may be awarded for:

• Funeral expenses


• Medical expenses


• Pain and suffering


• Loss of companionship


• Loss of income


• Loss of inheritance


• Loss of benefits

If the person’s actions were intentionally meant to harm the victim, punitive damages may be awarded as well.

There is a time limit on filing a wrongful death claim, which varies by state. You will want to consult with your wrongful death attorney to make sure that you meet all deadlines for filing your lawsuit.

If you have a wrongful death claim in the Orlando, Florida area, please contact the law offices of Colling, Gilbert, Wright & Carter today to schedule an initial consultation.