When an individual dies as the result of negligence or misconduct of another party, the survivors of the victim’s family can obtain the services of a Marietta wrongful death attorney and sue for wrongful death. Most of these kinds of lawsuits are similar to criminal trials, and use related evidence but a lower standard of proof. Therefore, anyone who is found guilty of wrongful death might or might not be convicted of an associated crime.
A Case in Point
For instance, OJ Simpson was found “not guilty” of murder because prosecutors could not establish his guilt beyond a reasonable doubt. However, the family was able to secure the services of a wrongful death attorney and he was found liable of wrongful death. Therefore, the plaintiffs in the crime were able to prove that Simpson was accountable by a preponderance of the evidence.
Establishing a Basis
Therefore, a wrongful death attorney can be of assistance to you if you are trying to establish the elements needed to present a wrongful death lawsuit. The following components must be in place:
- A person must have died
- The death was caused by another party’s negligence or came about from an intent to harm the person
- The surviving family members suffered monetary injury from the person’s death
- A personal representative of the deceased person’s estate made the appointment
Therefore, a wrongful death claim can be made as the result of medical malpractice, an airplane or auto accident, occupational exposure to hazardous substances or conditions, criminal behavior, or death during supervised activities.
Pecuniary or financial damages are the main reason that a plaintiff seeks to takes action in a wrongful death case or hires an attorney. Courts interpret pecuniary injuries as being the loss of support, loss of prospect of inheritance, and funeral and medical costs. Most laws award damages for wrongful death in order to ensure just and fair compensation to a victim’s family.