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.