In the United States, each state has its own set of laws regarding the legal action known as “Wrongful death.” Indiana state law (Code 34-23-1-1) describes wrongful death as one caused by the wrongful act or omission of another.
There are many ways to misinterpret a wrongful death accusation. As a result, it is important to have a clear understanding of what the law determines to be wrongful versus what the family of the deceased may perceive to be wrong.
One major difference between the civil, wrongful death case, and the criminal murder or manslaughter type charge, has to do with the need for a preponderance of evidence in the latter. The wrongful death case deals directly with regard to another person or party’s act or omission including whether their acts were willful or intentional or not.
Wrongful encompasses many situations, some of which can be difficult to identify. For instance, ‘wrongful’ acts can include negligence such as in a breach of a duty of care that leads to death.
These cases, which are handled by a wrongful death attorney, are similar to personal injury cases, except in these cases the victim has not survived and can’t file their own claim.
In these instances, the surviving family or party files the wrongful death claim in an effort to hold the negligent person or party liable.
What is wrongful death? It is a claim that is brought when someone who was harmed, dies as a result of an act or lack of action or due to negligence. These claims are fatalities proposed to be caused by negligence, medical malpractice or due to defective vehicles for example.