Wrongful death statutes exist to facilitate justice after a tragedy. In some cases, wrongful death lawsuits are straightforward, as there is evidence of criminal activity that caused a death. Other times, the plaintiffs pursuing the wrongful death lawsuit claim that negligence was the underlying cause of their loss.
How can plaintiffs in a wrongful death lawsuit convince the courts that negligence is the reason that their loved one died?
A case must meet a specific standard
Some situations are tragic but technically do not meet the standard necessary for a wrongful death lawsuit. In a case based on negligence, the plaintiffs must work with their attorney to gather evidence that meets a specific standard.
That standard involves the judgment of another reasonable adult. One party’s conduct may constitute negligence if other adults readily agree that one party failed to do what was necessary for safety. Issues with property maintenance that lead to a balcony collapse or a fall down the stairs could constitute negligence.
Negligence can also entail engaging in behavior that is likely to injure others. If a reasonable person acknowledges that the conduct of one party was likely to cause harm, then that may also meet the necessary standard for a negligence-based wrongful death lawsuit.
Driving at a speed more than 20 miles per hour (mph) over the posted speed limit could constitute negligence. After all, most people recognize that such conduct significantly increases the likelihood of a crash that causes property damage or injuries to others.
Those hoping to pursue a wrongful death lawsuit may need to review the circumstances of their tragedy with a legal professional. Evaluating whether the situation meets the necessary standard for a negligence claim can help families in their pursuit of justice.