Negligent death is when a person is killed due to the misconduct or negligence of another person. It is often referred to as wrongful death. The family members of the deceased person may opt to file a wrongful death claim. For example, if a parent lost a child in a car accident, then he or she may be able to file a lawsuit against the responsible party.
There are several elements that must be present in a wrongful death case. Those elements include death of a person, negligence and the surviving members of the family must have suffered lost due to their loved one's death. In many cases, the person who files a wrongful death lawsuit must be closely related to the deceased person. However, some states will allow a distant …show more content…
For example, if a parent kills his or her child in a car accident, then the other parent will not be able to file a wrongful death lawsuit. However, this person could still face criminal charges.
Proving Negligence In A Car Accident Case
If you want to file a wrongful death case, then you will have to be able to prove that the other person was negligent. A person is negligent if he or she violated, or breached, his or her duty of care. Running a red light is an example of negligence. All drivers are required by law to stop at a red light.
Drivers are also required to maintain a safe distance between them and the vehicle that is in front of them. That is why following too closely is an act of negligence. Additionally, speeding, failing to stop at a stop sign and failing to yield to pedestrians at a crosswalk are all considered negligence.
Why Should You Hire Our Firm?
Dealing with the loss of a loved one is very difficult. Words really cannot explain how it feels to lose a loved one. If you have a lot of expenses due to your loved ones death, then it can be even more difficult for you to grieve. That is why you should contact our firm and file a wrongful death