2 Criteria To Meet For A Wrongful Death Lawsuit
If someone in your family has died because of the negligence or actions of another, you will probably want to make sure that you get some justice for your loss. One way you can do that is to file a wrongful death suit. However, if you are going to file one of these suits, you have to make sure that you meet specific criteria.
Standing
One of the criteria you have to meet is the standing. You have to have had a particular relationship to the deceased in order to bring a suit. If you are their second cousin twice removed on their great-great-grandfather's side, you really don't have the standing to bring a case on behalf of the deceased. However, if the deceased was your spouse, child, or parent, then you have a much better leg to stand on. If you are the guardian of minor children of the deceased person, whether or not you are related to them, you should also be able to bring a case on their behalf. You can also bring a suit if you depended financially on the deceased. For example, if the deceased was an ex-spouse and they paid you alimony, you may have the standing you need.
Cause of Death
Another criterion that you are going to have to meet is how the person died. Their death has to have been caused by the negligence of another person or by purposeful action of another person. For example, if the mechanic who was fixing the brake on your loved one's car missed replacing the widget which holds the whatsis together, their brakes fail, and they die, then you may have a good wrongful death suit. Likewise, if your loved one was murdered by someone, then you can bring a lawsuit against that person because it's a purposeful action. Because it is a civil case, it doesn't matter if that person is found guilty or not of the murder of your loved one, since the burden of proof is set up differently. A good example of this is the OJ Simpson case. He was found not guilty in the murders of Nicole Brown Simpson and Ron Goldman. However, their families were able to bring a successful wrongful death lawsuit against him because the way that a civil case is set up is different to the way a criminal case is set up.
If you have lost a loved one, you may have a good case for a wrongful death lawsuit. Contact a local wrongful death lawyer for more information and assistance.
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