No one is ever prepared for the death of a loved one. Whether an individual’s demise is sudden or the result of a lingering, debilitating disease we grieve and feel the loss deeply.

If the death occurred due to malice or an accident caused by willful negligence, the blow to loved ones can be especially devastating. It is for this reason that common law jurisdictions enable the relatives of those killed during a senseless act of violence or  criminally negligent behaviors to find remedy through civil action.

Bringing the case to court

When one is considering wrongful death litigation, there are several aspects they have to look at. One is that there are clear indicators that the guilty party is responsible for your loved one’s demise.

For example, the surviving family of someone whose life is cut short after a DUI accident will have an easier time proving their case than someone who believes their relative was poisoned. Still, civil tort laws are less strict when it comes to the preponderance of evidence. A criminal court case must be proven beyond a reasonable doubt while a civil court case merely requires that the evidence is substantial or “clear and convincing” enough to give an indication of the other party’s guilt.

Another consideration is legal representation. Wrongful death cases can be notoriously difficult to build, which is why it takes a seasoned law professional to handle the case.

While all Americans have the right to forgo representation, it is foolhardy to do so as there are many legal loopholes that more savvy experienced lawyers will be aware of. Even an air tight case can be shot down in court by a smart attorney, so it is in the family’s best interest to acquire a wrongful death lawyer who knows how to present their case.

Who can file the suit?

Usually the only individuals who can bring a wrongful death lawsuit into civil court is a surviving relative of the deceased. This includes a spouse, children, siblings, mother, father and other extended family members.

Wrongful Death Lawsuit—When can you Sue?

Wrongful death litigation can be pursued after an individual, group, business or medical institution has caused harm that resulted in the death of a loved one.

The situation that culminated in the death could be intentional or accidental in nature and malice does not have to be implied for the person who caused the fatal injury to be held accountable.

For example, in a product liability case involving defective auto parts, all a family member would have to do is link their loved one’s death to the auto’s malfunction to sue and attain financial reparation.

Other non malice cases can include medical malpractice, slip and fall premises liability, car accident and any other circumstances where a person is accidentally killed.

Who to call for help

If a loved one has been killed due to negligence or willful intent, contact the Manhattan law office of Proner and Proner for assistance. By calling today and setting up a free case evaluation, you can learn what you and your family members can do to rectify the grievous wrong that has been done to your family. You will also be able to receive reparation for you loss.

Contact us today and learn what your legal options are after a loved one is taken from your life way too soon.