How to Determine if You Have a Wrongful Death Case

In a situation where a person related to you or on whom you depend, has died and the circumstances leads you to suspect someone was responsible for that person’s death, you are entitled to file a lawsuit against the person who you suspect caused the death. When this type of death occurs it can cause you pain, emotional and mental suffering and the loss of support from the person who has died.

The law provides those who are victims in this situation an ability to file a wrongful death suit for those victims to receive compensation for their pain, suffering and other problems associated with the person’s death. This article will talk about the elements of wrongful death and why if you suspect that you fit the description of someone who has a wrongful death case, you need to contact attorneys who specialize in winning these types of cases. In terms of selecting a lawyer you need to find a local law firm to assist you with your case. For instance in you live in Toledo, Ohio, you should hire a Toledo Lawyers with portion of their practice dedicated to wrongful death cases. This insures that you will be best represented in your case.

What Types of Cases are Wrongful Death?

Wrongful death cases are civil cases that are filed in civil court. In these cases, the defendant is not facing jail as a punishment as would be the case in a criminal case. The victim or plaintiff seeks financial compensation for a wrongful death. The claim in a wrongful death lawsuit is that the actions of the defendant has caused the death of the person leaving surviving family members and dependents who will suffer emotionally, financially, and in other definable ways, due to the victim’s absence. So the goal of a wrongful death is to take actions aimed toward the living not the person who has died.

Wrongful death guidelines vary between states and each state defines the lawsuits specifics. They determine who may sue for wrongful death and under what circumstances a case may go forward. Many states limit the damages that can be sought for wrongful death and there is most likely a time limit for when wrongful death can be claimed. Unlike many personal injury claims, wrongful death cases will often go to a jury. They are thought of as highly subjective and lawyers for both plaintiff and defendant will often feel that they can persuade a jury to their side.

How do You Prove Wrongful Death?

Wrongful death has a specific set of proofs that must be met. But it is important to note that because it is a civil and not a criminal case. The burden of proof is lower. So it is often the situation that a defendant might win a criminal case where the burden of proof is beyond and reasonable doubt, and lose the wrongful death case where the burden of proof is a preponderance of the evidence. Perhaps the most famous case of this is the OJ Simpson trial where he won the criminal case and lost the wrongful death case and was ordered to pay millions of dollars to the family of Nicole Simpson.

There are Restrictions on Who can File a Wrongful Death Lawsuit

Each state determines who can file a wrongful death lawsuit. Nearly every state allows a surviving spouse, or nuclear family member to file. There are restrictions however if a family member wishes to file a wrongful death case against another family member. These cases have immunity components that will apply.

Because there are time and other restrictions, if you suspect wrongful death, you should seek out a reputable wrongful death attorney and discuss your case immediately.

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