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Posted by on May 6, 2015 in Injury | 0 comments

Wrongful Death: Proving the Defendant’s Negligence

While all manufactured goods, whether for indoor or outdoor use, are meant to provide fun, comfort, health, convenience, etc., the many different forms of human services, especially health care, ought to make a person’s overall condition better. This is what everything is intended for, anyway. And, with the awareness of our moral and legal responsibility in not endangering the lives of others, life should, therefore, be totally safe and fun.

Reality, though, says otherwise. Every year either millions of individuals suffer injuries or families lose a member due to death. Majority of these injuries and deaths, however, are not the fault of the injured or dead individual, who is believed to have acted diligently and with due care; rather, these are the faults of people, whose reckless or negligent actions have all but resulted to injury-causing or fatal accidents.

Wrongful death: the unexpected loss of someone’s life either because of another person’s negligence or willful misconduct. According to the website of Greenfield, WI personal injury lawyers, wrongful death may not only leave a family grieving over the loss of one of its beloved members, it may also throw them into a situation wherein they will be made to suffer financial difficulties, especially if the victim is the father of, or the breadwinner in, the family. This is why the firm makes clear its message that the dependents or the surviving family members of the deceased, legally identified as “real parties in interest,” have the legal capacity to seek justice and compensation (through a civil lawsuit) from the reckless or negligent party who is liable for their devastating loss.

A wrongful death claim or lawsuit is a special type of personal injury lawsuit that is filed for the purpose of seeking compensation for all the financial damages the dependents are (and will be) made to suffer from. Though states may actually differ in what factors and elements are considered regarding who the “real parties in interest” may be or what may be considered as compensable, some of the commonly accepted coverage of the compensation includes medical and funeral expenses, loss of financial support, loss of the decedent’s services, and lost possibility of inheritance.

Before a family could be awarded the compensation that it seeks, however, it will first need to prove that the person being accused of liability was, indeed, negligent and that his or her negligence caused the death of the deceased. This negligence will also need to be proven by a preponderance of the evidence, the burden of proof that the family of the deceased (acting as the Plaintiff in the lawsuit) is required to meet. An Iowa personal injury lawyer will be aware that a preponderance of the evidence means that more than fifty percent of the evidence presented should point to something to make it convincing and most probably true and accurate.

Seeking legal assistance from lawyers, who are capable of identifying the family’s real needs, who know what evidences to look for and how to formulate the most convincing arguments, should be a priority of the surviving family.

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