No one wants to think about a lawsuit
that involves a wrongful death, but you deserve the right to hold the
negligent party responsible. Although a financial settlement won’t bring
your loved one back, it can ensure that it won’t happen to someone else
and see you through a difficult time as you adjust to a new life.
Burden of Evidence
In a criminal case, the standard of proof
is that the defendant was responsible “beyond a reasonable doubt.” In a
wrongful death suit, the burden is much lower, but you do need to
establish negligence, which is a key element in a wrongful death case.
The other important element is that there must be financial damages.
Although you may not be emotionally prepared to deal with this, you
don’t want to wait too long. Evidence can be destroyed or lost and
witnesses forget. Your state may have a statute of limitations, too.
What Damages Can Be Awarded?
Financial damages in a wrongful death
case won’t ever make up for the loss of your loved one. However, they do
go a long way in providing for the economic loss. This is very
important if the deceased is the breadwinner in a family with children.
Many different items are considered when determining the amount of
damages that are awarded. To learn more about what a wrongful death case
entails, visit this website for a wrongful death lawyer in Escondido.
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