A wrongful death lawsuit is a claim against a person that caused the wrongful death of another. It is a claim against a person that can be held liable for the death of a different individual. It is essential to note that the wrongful death lawsuit is a civil suit, which is brought by a person who is closely related to the decedent. A dead person cannot bring a suit for his death, and if it weren’t for a wrongful death claim, people would not be able to get justice for their deaths.

The standard of proof in wrongful death lawsuit is on the preponderance of the evidence. It should, therefore, be noted that, for a person to sue, they have to present evidence that shows that the defendant was indeed responsible for the said death. It is enormously essential to note that in case a corporation causes the death of an individual, it cannot be sued in criminal court. However, a wrongful death claim can be brought against it. It is, therefore, only through this claim that a company can be held answerable for the death of a person.

It should be noted that suits for wrongful death are statutory and can only be brought under the law. In other words, you do not sue as of right, but you are given the right to sue under the law. This is why, only a few people are allowed to bring such claims, because they have been given the authority by statute. It is particularly essential to recognize that there are various statutes that govern this tort, and they all vary according to State. Though the statutes vary in different States, the message is essentially the same.

All the statutes provide that only the next of kin, orphans and surviving spouses are allowed to bring wrongful death claims. This is because; it is believed that these persons are not looking to gain anything financial, but they are looking to get justice for the death of their loved one.

Equally essential to note is that there are certain persons that are protected or immune to wrongful death lawsuits. The first example of such persons is the state. The state is immune to all wrongful death actions, and it cannot, therefore, be sued. However, a suit can be brought against the State if it has waived its immunity. Under such circumstances, the state can be held liable for instigating the wrongful death of a person.

Other people that are immune from the actions are family members. In certain states, the statute provides that wrongful death lawsuit cannot be brought against family members. This is believed to have been enacted as an attempt to preserve family union and harmony.

It was believed that if the claims could be made against family members, there would be a lot of insurance fraud and families would also be destroyed. However, it must be noted that this is not valid in some states, since it was believed to bar legitimate claims by the children of the decedent.