Wrongful Death Attorneys. Lawyer Ben Roberts.
Legal Terms
Wrongful Death
Wrongful death is a civil action that can be filed when someone dies due to a criminal act or negligence. It’s a type of personal injury lawsuit that the surviving family members and beneficiaries of the deceased can bring to court. The damages in a wrongful death case typically include compensation for losing the deceased’s income, companionship, and emotional support.
Statute of Limitations
The statute of limitations is the time limit within which a wrongful death lawsuit must be filed. The specific time limit can vary depending on the state and the circumstances of the case. In some states, the time limit can be as short as one year; in others, it may be as long as six years. If your loved one has been killed in an accident, acting quickly and seeking help from an experienced personal injury attorney is vital.
Negligence
Negligence is the failure to exercise reasonable care that harms another person. To prove negligence in a wrongful death case, the plaintiff must show that the defendant had a duty of care to the deceased and that the defendant breached the duty of care, causing the deceased’s death.
Damages
Damages are the monetary compensations awarded to the plaintiffs in a wrongful death case. There are two types of damages: economic and non-economic. Economic damages include the loss of the deceased’s income and financial support, while non-economic damages include compensation for the emotional pain and suffering of the surviving family members.
Burden of Proof
In a wrongful death case, the burden of proof is on the plaintiff. The plaintiff must be able to prove that the defendant’s unlawful actions or negligence caused the deceased’s death. The standard of proof in a civil case is lower than in a criminal case. In a civil case, the plaintiff must prove their case with a dominance of evidence showing that the defendant’s actions caused the deceased’s death.
Settlement
A settlement is an agreement between the plaintiff and the defendant to resolve the case outside of court. In wrongful death cases, settlement typically involves the payment of a sum of money to the plaintiffs in exchange for releasing the defendant from further legal liability.
Liability
Liability is the term for legal responsibility for wrongful death. In a wrongful death case, the defendant is liable if they are found to have caused the death through their wrongful actions or negligence.
Wrongful death cases are complex legal proceedings that require the expertise of an experienced personal injury attorney. Understanding the legal terms used in these cases, you can better understand the legal process and what to expect during a wrongful death case. Remember, if you believe that someone you love has died due to someone else’s wrongful actions or negligence, seeking legal advice from an experienced personal injury attorney as quickly as possible to protect your rights and hold the responsible party accountable for their actions is essential.