The unexpected loss of a loved one in a car crash can cause emotional turmoil. The death of a family member can also result in economic hardship. People have to absorb numerous expenses and lose the income previously earned by the deceased individual. They also have to find ways to allocate responsibility for the unpaid contributions they made to the household, such as child care or other household services.
There is often a painful and challenging adjustment process ahead for those who have lost a family member unexpectedly because of a traffic collision. In some scenarios, grieving families may be able to seek justice by pursuing a wrongful death lawsuit.
State law allows for litigation in scenarios where a business or individual causes the untimely death of a person. Plaintiffs initiating wrongful death lawsuits typically need evidence supporting their claims. What evidence do plaintiffs need to pursue a wrongful death lawsuit?
Proof of qualifying circumstances
The first type of evidence required for a successful wrongful death lawsuit is evidence of misconduct or negligence on the part of the defendant. Many car crashes occur because one driver broke the law or did something unsafe. Even if state prosecutors declined to bring charges because there wasn’t enough evidence to secure a conviction in criminal court, there may be adequate evidence to pursue a wrongful death lawsuit.
The amount of evidence required to win in civil court is less than the standard of evidence necessary to secure a conviction during criminal proceedings. Instead of proof beyond a reasonable doubt, plaintiffs simply need to show that a preponderance of the evidence affirms their allegations that the defendant was negligent or broke the law.
Proof of economic harm
While the underlying purpose of a wrongful death lawsuit may be the pursuit of closure for the family, justice comes in the form of a financial award for damages. Grieving families need proof of the economic consequences that the tragedy generated.
Proof of the income of the deceased individual, documentation related to their medical expenses and even records of the household services they provided can contribute to the value of a wrongful death lawsuit.
Families can also request non-economic damages. The courts can award compensation for emotional distress, loss of companionship and even the loss of enjoyment of life. In rare cases involving intentional acts or malice, plaintiffs may also be able to request punitive or exemplary damages.
Gathering the evidence necessary to pursue a wrongful death lawsuit after a collision can be difficult for those already grieving a tragedy. Families that secure support during a wrongful death lawsuit can get assistance while gathering evidence and preparing to pursue justice in the civil courts.