Can I file a wrongful death civil lawsuit ? Part 2

A: Death of a Loved One
•    The first element needed to file a civil wrongful death lawsuit is the death of a loved one. While the death of a loved one can also be the basis for a criminal charge against the defendant, it also qualifies the family to file a wrongful death claim to gain monetary recovery for the death of their family member. A family member must be the one to file this suit to court.
Negligence
•    While the defendant may have seemed to be responsible for the person's death, this is not the only element that is necessary for a wrongful death suit. The person must have caused the death because of his negligence. For instance, a family cannot sue a doctor who did everything that he could to save a patient for wrongful death. However, if the doctor did not offer all of the potential treatments that could have saved his patient's life, the court may find him negligent. The defendant must be found personally responsible for the death.
    Dependents
•    The deceased person must have left behind a spouse, children or some other dependent to qualify for a wrongful-death civil suit. This means that the death of the person caused someone else to lose a portion of her support. The purpose of a wrongful death suit is to help the family of the victim gain closure over the death of their loved one and recover the monetary losses caused by the death of that person. That closure also helps to support the immediate family, which was left behind.
Financial Burden
The family must also prove that the death of this person has caused undue financial burden on the family. This is easy to do if the deceased family member wad the primary or only breadwinner for the family, Even if they weren't, the living standards of the spouse and any children have changed because of the loss of income. The family can also claim medical and burial costs that occurred because of the death of their loved one.

Lawrence K. Land, P.C.

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