Whenever a family member or loved one dies, the person’s survivors are likely to experience a great deal of emotional pain and sorrow. In order to get closure and try to move on from the difficult situation, friends and family members may try to understand the reasons behind the death. If there is justification to believe that negligence or improper acts led to the person being killed, the family members of the deceased may be able to pursue a wrongful death claim. If an unforeseen passing has struck someone close to you, discussing your legal options with an experienced attorney could provide insight into your situation.
Was the Death Wrongful?
Friends and family members may be looking to hold somebody responsible for their loved one’s death. However, every situation is different, and the circumstances behind a death must be closely examined to determine whether negligence played a role. For example, if a pedestrian was looking at his or her cell phone and did not obey traffic signals when crossing a street, and he or she died from being hit by a car, it may be determined that the driver was not at fault. The driver may be able to show that he or she was following the rules of the road and did everything in his or her power to prevent an accident.
Looking at a different scenario, what if negligence did occur, and the result was an innocent person being killed? For example, if a person was sending a text while driving, lost control of his or her car, and struck and killed a pedestrian on the sidewalk, the driver could be held responsible for his or her actions. The driver’s failure to pay attention to the road would likely be considered negligence, and he or she would be responsible for causing the death of the victim....