Losing someone you love is devastating. Moving forward from that loss is even harder when it is caused by someone else’s actions.
If you’re wondering if you have legal options, you might be onto something. Understanding wrongful death claims can help you decide your next steps.
You must prove someone died
This sounds obvious, but legally, you need proof. You’ll need a death certificate or medical records. This separates wrongful death cases from injury cases where the person survived.
Someone must be at fault
Next, you must prove that the death didn’t happen due to natural causes. It must happen because of:
- Negligence: This is most common. Someone failed to be careful enough. Think car accidents, medical mistakes or unsafe workplaces.
- Intentional acts: Someone meant to cause harm, like in murder or assault cases.
- Strict liability: Dangerous products or activities caused the death, even without intent or negligence.
Once fault is proven, you may have cause to continue.
You must show the connection
You need to prove two things linked the person’s actions to the death:
- Direct cause: Their actions actually helped cause the death.
- Foreseeable result: A reasonable person could have predicted this outcome.
Both connections must be clear. Without them, you don’t have a case.
You must be the right person to sue
Not everyone can file these lawsuits. In legalese language, the right to sue is called “legal standing”. To have legal standing, you must be:
- The spouse or child/ren
- Parents in some cases
- Other dependents who relied on the deceased person
Note that laws vary by state about who qualifies. You also need to show you that you have suffered real losses.
You must have suffered real losses
Courts want to see actual damages, such as:
- Money/ income the person would have earned
- Services they provided
- Medical bills and funeral costs
- Your emotional pain and loss
The only way for your case to proceed is for you to prove that you have incurred any of these damages.
Important things to remember
Only one person can file the lawsuit for everyone affected. This is usually someone the court appoints to handle the deceased person’s affairs.
You don’t need a criminal conviction to win. Civil cases have different rules and the evidence required is lower than those required for criminal cases.
Wrongful death laws change from state to state. Time limits , who can sue and what damages you can recover all vary. This makes talking to a local lawyer essential.
If you’re dealing with a loved one’s death that might qualify, don’t wait. These cases have strict deadlines, and evidence gets harder to find over time.