What Are the Grounds for Filing a Wrongful Death Lawsuit?
Civil lawsuits require grounds, a legally supportable reason for the claim. The premise behind a wrongful death lawsuit is that the deceased person not only lost his life due to someone else's negligence, or intentional act, but that his family members were directly impacted emotionally and financially due to his death.
Surviving family members must establish two things to be successful in this type of lawsuit:
- They must prove that their loved one's death was, in fact, caused by the other party's else's negligence, recklessness or deliberate act. The event was not brought about by his own action or inaction.
- Surviving family members must establish that they suffered measurable damages due to their loved one's wrongful death.
Common grounds for wrongful death lawsuits include death caused by an automobile accident, a work-related accident, medical malpractice or an unlawful act that occurred during the commission of a crime.