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Nothing is more devastating than losing a loved one unexpectedly, but it simply adds insult to injury when this devastation is due to the negligence of another person. This is where wrongful death claim lawsuits come into play. Each year there are thousands of wrongful death cases that are brought, many which result in compensation. Though the laws for each state will vary, somewhat the basis is nearly identical; you will have to prove beyond a reasonable doubt the following:
• Cause- The more proof you have that the defendant in the case was directly responsible through negligence or outright action for the death of your loved one the better. The conduct of the defendant has to be wholly or mostly responsible for the death.
• You must be able to prove assertions of liability.
• There must be surviving beneficiaries such as spouse, children or beneficiaries.
• There has to be monetary damages as a result of the victim’s death.
These are of course only the base guidelines for a wrongful death claim; each of the 50 states can have additional requirements, which is why you need a knowledgeable attorney from your area to bring wrongful death cases before a judge and jury.
One final piece of advice on this subject is this; do not assume that a wrongful death claim would be dismissed simply because the defendant is found innocent of criminal charges. A person can be financially responsible even if a criminal case failed.