Although death is a part of life, it is still tragic when an innocent victim’s life is cut short too soon. New Orleans residents know that the criminal justice system deals with many of these cases. But does the victim’s family have any recourse against the parties responsible for their loved one’s death? They may. This blog post will give a quick introduction to this sensitive topic.
Whenever a victim’s family believes their loved one died as a result of the wrongful actions of another, they may have the option of pursuing a wrongful death claim against the responsible parties. In order to win a wrongful death case, plaintiffs must prove that the death of the victim was caused by either the defendants’ negligence or the intent to cause harm. The plaintiffs must also prove they they have suffered monetary injury as a result of the victim’s death. Finally, a personal representative must have been appointed for the victim’s estate.
The requirements for finding a defendant liable for wrongful death are less onerous than the requirements for convicting a defendant of a crime in connection with the death. In order to find a defendant civilly liable, the plaintiffs must prove the allegations against the defendant by the preponderance of the evidence. This is a less rigorous standard than that needed to convict a criminal defendant of a crime.
A wrongful death case can be pursued regardless of whether the defendant has been charged with a crime in connection with the death. Even if the defendant is charged but acquitted, the victim’s family may still be able to pursue a wrongful death claim. They may still be able to win and get an award of damages from the defendant.
