When someone dies due to another person’s negligence, the passing is considered wrongful. A wrongful death lawsuit focuses on laying liability on the person who caused the incident. Unlike a criminal case, a wrongful death lawsuit requires a lower standard of proof. It is possible for someone not to face criminal charges while still being found liable for a wrongful death.
There is a burden of proof in these kind of claims.
To prove that another person was murdered, there’s a high standard of proof. There must be no question that the defendant did take malicious actions against the other party with the intention to kill or maim him or her. In this type of case, the court doesn’t need anyone to prove beyond a reasonable doubt that the defendant intended to kill or hurt the other party.
Negligence and accidents caused by user errors can both fall under a wrongful death lawsuit.
To win a wrongful death lawsuit, you must show that a person died as a result of someone else’s negligence. It cannot be an animal or creature other than a human. The death must have been caused by negligence, errors or an intention to cause harm. You need to show you suffered financially as a result of the death and have a representative for your loved one’s estate appointed.
To help you and your loved ones win a case, focus on keeping good documentation. Keep your expenses and medical documents ready, and make copies so that you’re less likely to lose them. With good documentation and evidence, you can pursue a claim and win in court.
Contact Merdes Law Office, P.C. to meet with our highly experienced Alaskan personal injury attorney to discuss your case: 907.452.5400 or visit www.merdes.com. And while we hope you never need us… We’re here if you do.
Source: FindLaw, “Wrongful Death Overview“
