In order to be successful in a lawsuit, a Wrongful Death Lawyer will need to prove 3 elements to the jury
Under tort laws, survivors of victims who are killed as a result of another party's actions can pursue a wrongful death lawsuit against that party if those behaviors or actions were negligent, reckless, due to misconduct, or intentional.
Some of the more common wrongful death actions that a wrongful death lawyer can pursue on behalf of survivors include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Premises liability
- Product liability
- Work-related deaths
In order to be successful in a lawsuit, a Wrongful Death Lawyer will need to prove three elements to the jury.
1. The at-fault party owed a duty of care to the victim.
2. The at-fault party breached that duty.
3. The at-fault party’s breach of duty caused the victim’s death.
For example, if the cause of death was an alcohol-related car crash, the at-fault driver had a legal duty to all other drivers on the road to obey your state’s traffic laws.
A wrongful death lawsuit can be filed even if there have been no criminal charges filed against the at-fault party. A lawsuit is handled in civil court, not criminal court, so the two actions are entirely separate.
If you have lost a loved one due to the negligence or recklessness of another party, you may be entitled to financial justice for your losses. Contact a wrongful death lawyer from Unidos Legales for a free consultation.