Personal Injury Lawyer

A wrongful death is when someone dies because of another person’s negligence and actions. Wrongful death can come out of an assortment of scenarios, including car accidents, murder, medical malpractice, boating accidents, property liability and, in special cases, workplace accidents. If a loved one has died at the hands of another due to an accident, you may be able to sue for a wrongful death. Here’s a quick guide to wrongful death claims to see if it is the right choice for your family.

The Prosecution

The remaining family may file a lawsuit against the party believed to be responsible for the death of their loved one. Those suing could be any family member, close or distant, with connections to the deceased. Spouses and partners also have the right to sue on the behalf of their lost companion, and parents may sue if they lost their baby. Anyone else may sue who has been financially hit by the death of the individual.

The Defendant

Individuals may not always be responsible for the death of a loved one. While drunk driving accidents and medical malpractice lawsuits are brought against the single person who was negligent, other cases can involve corporations and manufacturers. If a manufacturer sold a faulty part that caused the death, they can be sued. Even those who sold alcohol to a driver who causes a fatal crash can be held liable for the part they played. The suing party must look carefully at everyone involved to see who they should hold accountable.

The Case

The prosecution’s job is to prove that the person they are suing was actually negligent in the accident that caused the death. It is not the defendant’s responsibility to prove they are innocent, but rather the prosecution’s job to prove they are guilty. To do this, the prosecution must make the case that the defending party violated general rules of safety via negligence that put the deceased’s life at risk.

The Lawyer

It is incredibly hard to file a wrongful death lawsuit without the help of a lawyer. Wrongful death lawsuits invoke numerous laws and require a lot of proof in order to succeed. You may need a lawyer’s assistance gathering evidence and making your case, especially if the lawsuit goes to court. Reach out to a personal injury lawyer lawyer from Johnston | Martineau PLLP if you think you may be able to sue for wrongful death. They can provide a route toward compensation in your claim.