Wrongful death lawsuits are a way of pursuing justice after a tragedy. The personal representative or executor of the deceased person’s estate can file a lawsuit against the person or business responsible for the tragedy.
A lawsuit may be the last form of justice available to a family if the state declines to prosecute the party at fault for their loss. People may worry about failing to meet the burden of proof, especially if the state couldn’t prosecute the party at fault. What must plaintiffs prove in a successful wrongful death lawsuit?
Negligence or wrongful acts
Tennessee state statutes specifically allow for wrongful death litigation when a person dies due to criminal activity or wrongful acts. Omissions or negligence can also warrant a wrongful death lawsuit.
Plaintiffs do not need to prove beyond a reasonable doubt that a crime or negligent act occurred. They simply need to show that a preponderance of the evidence supports their allegations.
Validation of losses
A successful wrongful death lawsuit requires proof of economic losses and non-economic damages. Families can ask for compensation to cover lost wages, funeral expenses and medical bills.
They may also be eligible for non-economic damages in certain circumstances. Pain and suffering, as well as mental anguish, can be part of a claim for non-economic damages. A loss of consortium, which relates to the love, companionship and support of a family member, can also contribute to the non-economic damages sought in a wrongful death lawsuit.
Developing a wrongful death lawsuit can be a challenging process. Personal representatives and families may need guidance. Having experienced legal guidance can make civil justice accessible to those who have recently lost a loved one due to a preventable tragedy.