What are the requirements to file for wrongful death?
Wrongful death occurs when one person causes the death of another person through negligent actions. If you lose a close relative, you may be able to file such a claim in court.
However, FindLaw explains that you will need to ensure your case meets the general guidelines to prove wrongful death occurred. Keep in mind, you do not have to prove your case beyond a reasonable doubt. The standard for this type of case, which is a civil matter, only requires a preponderance of the evidence. Meaning you simply need to show the person had a liability in the case.
There should be a personal representative for the estate of the deceased person. The representative is someone who handles the affairs of the person and the estate. He or she acts on behalf of the person who died.
In a wrongful death case, the person must be dead. If he or she is simply injured, then the case cannot move forward. You would need to file a personal injury lawsuit.
You must be able to show the death of the person caused the family to have some monetary loss. For example, if a father died, it would be simple to show the loss of his income had an impact on the family.
Perhaps the key point to show in your case is the other person was negligent in some way. The negligence must have been the thing to lead to the death. You can also show an intent to cause harm, which led to the fatality.
You will want to review your case prior to filing with the court to avoid a waste of time and money. All elements should be present.