A wrongful death claim is a lawsuit that is filed by the family members of someone who was killed by another person or by a company due to an intentional act or through negligence or carelessness. Plaintiffs who win a wrongful death claim are entitled to damages for medical expenses, pain and suffering, and future loss of income caused by their loved one’s untimely death.
One of the most famous examples of a wrongful death claim was the civil suit filed by the families of Nicole Brown and Ron Goldman against O.J. Simpson after the jury in a criminal trial found Simpson not guilty of murdering the two victims. The jury in the wrongful death claim found that Simpson was liable for intentionally causing the deaths of his ex-wife and her friend, and he was ordered to pay $58 million in damages.
There are four elements that must be present in order for a plaintiff to prove a wrongful death claim, including:
It’s important to understand that in a wrongful death claim, a plaintiff only needs to show that the preponderance of the evidence points to the defendant’s guilt. This is a much lower standard than in a criminal case, in which a plaintiff must prove beyond a reasonable doubt that the defendant is guilty.
Remember also that there are no punitive damages allowed in wrongful death cases. The consequence of losing a wrongful death claim is that the defendant must pay the plaintiff whatever amount the jury awards.
There are a number of different situations that could potentially lead to a wrongful death claim, including:
Wrongful death claims can provide justice to grieving families, and hold people accountable for their actions. If you need an experienced Washington, DC wrongful death lawyer to represent you in this type of claim, please call the Law Offices of Duane O. King to learn how we can assist you. For a free consultation call 202-331-1963 or contact us online.