Unfortunately, many accidents end in fatality and those who lose their lives are not always the ones at fault for the accident. These are cases of wrongful death and they too can be pursued legally. Although the person who was killed cannot take their case to court, the family of that person can file a wrongful death claim. The reckless behaviors or negligent inactions of another person should not go unaddressed simply because the person who lost their life is not around to pursue the matter. The loved ones of someone who has been killed as a result of wrongful death have just as much right to seek justice on behalf of their loss.
Wrongful death claims are brought by civil action when the loved ones of the deceased are attempting to be compensated for death-related expenses. These may include the financial strain that may be put on the family as a result of the deceased’s income, medical expenses that the family has been left with after the death, or grievance and bereavement compensations. In a wrongful death case, the standard of proof is preponderance of the evidence. This means, instead of the defendant being innocent until proven guilty, the burden of proof is on them to prove that they did not in fact cause the death.
It is important to note that a statute of limitations exists in cases of wrongful death claims. This means that there is a time limit for how long you can wait before filing a wrongful death claim, so you must act quickly when addressing these issues if you and your loved ones wish to receive accurate compensation. In matters like this, it is important to speak to a personal injury lawyer to make sure all of your rights are protected. Contact our firm today to learn how we can help.