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A wrongful death claim is a personal decision based on the cause and damage of the death. It can be proven through willful or negligent action, and damages must be proven. Only close relatives or friends can sue for wrongful death.
Deciding whether to file a wrongful death claim is a personal decision you must make in light of what caused the death and what damage occurred. A wrongful death claim is a claim in which a deceased person’s estate sues the individual believed to have caused the death. It is a form of tort action in which the property can recover pecuniary damages intended to compensate for the loss.
The first step in deciding whether to file a wrongful death claim is to determine whether all elements of the claim can be proved. Since wrongful death is a cause of action based on tort law, there are two possible ways to prove the case. First, you can demonstrate that the person causing the injury intentionally engaged in the intent to kill the deceased victim; if you believe you can prove it, the cause of action will be based on willful tort. You will need to prove that the defendant acted with intent to injure, that the injury actually resulted, and that the injury resulted in death.
Alternatively, you can use a malpractice lawsuit to recover damages. If you believe the death was caused by someone’s negligent actions, you should be able to prove that the person causing the injury breached a reasonable duty of care. A reasonable person standard is used; if the defendant negligently behaves in a way that a reasonable person would not have behaved, this may constitute statutory negligence. You also need to demonstrate that negligence was the proximate cause of the death, i.e. that the negligent behavior actually directly led to the death.
Whether you use a willful or negligent theory to prove your wrongful death claim, you’ll need to prove that damages occurred as a result of the death. Typically, this means you need to prove how much money the deceased person would have earned and contributed to you if they hadn’t died. In other words, if your husband was killed by someone’s willful or negligent action and he was earning $50,000 United States Dollars (USD) a year and likely would have worked for another 10 years, then your damages begin in the amount of 10 times $50,000 USD or $500,000 USD. You can also include damages for things like loss of company. You will have to prove all these damages to recover; therefore, if the person who died was very old or very young and had no income, it may be difficult for you to prove the actual damages element of a wrongful death claim.
Therefore, in deciding whether or not to file a claim, you must determine whether you can prove all the elements necessary to win. You also need to determine if you have the right to sue; in other words, you must be a relative or close friend, or someone who suffered immediate and recoverable harm as a result of the death. If you believe you meet all of these criteria and that the person who caused the death should be held legally responsible, you may want to consider filing a wrongful death claim.
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