Wrongful death is a death caused by breaching a civil duty, most often negligence. Each of us has a legal duty to take reasonable care in doing things that might affect other members of society. For example, when building on a construction site, workers have a duty to take reasonable care to operate all the machines according to safety guidelines. Failing in that duty is called negligence.
The legal definition of negligence has a very complex nature compared to the colloquial use of negligence, and the duty of reasonable care required by law has a far and wide reach. For example, determining legal fault in a product liability claim involves different categories with different levels.
There are defectively manufactured products, such as a bad batch of antacids containing a mix from another drug, or defectively designed products, such as a bicycle helmet that fails to protect the user from falls, or even an inadequate or missing warning, such as nail polish that contains a chemical known to cause allergic reactions.
Keep in mind that a wrongful death lawsuit is not a criminal issue. Criminal charges are formal accusations made by state prosecutors asserting that somebody has committed a crime, and is punishable by a fine or jail sentence. Wrongful death, on the other hand, exists to compensate the heirs of the decedent for their loss.
A wrongful death lawsuit claims that the deceased victim died as a result of negligence or other liability due to the defendant’s conduct, and consequently, that the surviving beneficiaries and dependents are entitled to monetary damages. This type of claim generally consists of four elements:
A death has occurred.
The death was caused by another’s negligence, or with intent to cause harm.
There are surviving family members who are suffering monetary injury as a result of the death.
A personal representative for the decedent’s estate can be appointed.
If a family member has been lost due to what you believe is a wrongful death, call a Sweet James Victorville wrongful death attorney to see if you and your family have a wrongful death lawsuit.