If a loved one died as the result of a person or entity acting negligently or recklessly then you may have grounds to file a wrongful death lawsuit. No one wants to be in this position. We know that you would rather have your loved one back. We cannot make that a reality, but we can help you recover financially from the death, and we can help you hold the at-fault party responsible. Keep reading to learn more. You can also contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The Basics of Wrongful Death
When a person dies due to another person or entity acting negligently or recklessly, then the person who acted in such a way can be held responsible for the death of the victim. This is known as a wrongful death suit. There are many different examples of situations that can lead to wrongful death suits, such as defective products, drunk driving accidents, truck accidents, and other types of accidents.
When this happens, a wrongful death attorney can help the family of the deceased be compensated for their loss of future income, loss of companionship, and other damages suffered.
Wrongful Death Cases Are Very Different Than Criminal Cases
It is important to understand that a wrongful death case is not a criminal case. If a person is found at fault for your loved one’s death, this does not mean that they will face time in prison. For one thing, winning a wrongful death lawsuit requires a lesser burden of proof than is required in a criminal case.
For a judge or jury to find a person at fault in a civil case, it must be shown that there a “preponderance of evidence,” i.e. that it is more likely that the defendant is at fault than that they are not. On the other hand, a criminal case requires that a party be found guilty beyond a reasonable doubt.
A Wrongful Death Case Must Be Able to Prove the Following
In order to win your case, your attorney must be able to prove the following four things:
- That someone died;
- That their death was caused by someone else acting negligently or recklessly;
- That the person suing for wrongful death has a legal right to do so;
- That the person suing has suffered financial damages.
These damages can include funeral costs, medical costs related to the accident, and the deceased’s future earning capacity. Note that the third point above requires that you have a specific type of relationship with the deceased. This means that not just anyone can sue for wrongful death. In most cases only a child or spouse of the deceased can file, though there are exceptions. Contact Law Offices of Fernando D. Vargas at 909-982-0707 to find out if you can sue for wrongful death.
