The worst injuries are fatal. Sometimes, people die immediately after pedestrian crashes or similar incidents. Other times, their condition may decline slowly after their initial injury. Those left behind when someone dies because of a preventable tragedy often want justice.
Pursuing a wrongful death lawsuit in civil court is one way to seek justice after a tragedy. Wrongful death lawsuits allow those affected by a premature passing to hold an individual or business responsible for causing the tragedy.
Some wrongful death lawsuits relate to misconduct or wrongful acts. The plaintiffs show that one party broke the law and caused the death as a result of that choice. Many wrongful death lawsuits rely on claims of negligence. Negligent behavior can cause completely preventable tragedies.
What constitutes negligence?
To prove that a defendant was negligent in civil court, plaintiffs first have to validate that the situation involves negligence. In a legal context, negligence involves failing to use an appropriate level of care when a duty of care exists.
For example, negligence could involve driving at unreasonably high speeds or drag racing on public roads. The average person understands that such behavior is obviously risky and could put others at risk of injury or worse.
Negligence can also entail the failure to do what is reasonably necessary for safety. Understaffing a business so that there are not enough workers to handle security issues or keep the facilities clean could result in preventable criminal activity or slip-and-falls where people get hurt.
If another reasonable adult may agree that the defendant did something unsafe or failed to do what was necessary for safety, the situation may involve actionable negligence.
How much proof is necessary?
The standard of evidence necessary during civil litigation is different than the proof required in criminal court. Plaintiffs filing a lawsuit do not need proof beyond a reasonable doubt. Instead, they simply need to show that a preponderance of the evidence supports their claim.
If plaintiffs can show that more evidence than not supports the allegation that the business or individual was negligent, then they may be in a good position to pursue a wrongful death lawsuit. Evidence ranging from security camera footage and police reports to witness statements can convince the courts that the neglect of one party led to the preventable passing of the decedent.
Discussing a situation that might justify a wrongful death lawsuit with a skilled legal team can help people evaluate the strength of their cases. Grieving families may have the option of going to court to hold another person or business accountable for a recent tragedy.
