Legally difficult and emotionally intense wrongful death claims are possible. When someone passes away as a result of someone else’s carelessness family members may file a case to recover damages. In these situations, the defendant or defendants may be denying responsibility by arguing several moral and legal defenses. The burden of proof, causality, comparative negligence, and moral responsibility are some of the major points we’ll be discussing.
Burden of Proof
The burden of showing that the defendant(s) caused or contributed to the death falls on the plaintiff (the party bringing the action) in a wrongful death claim. It is a requirement to show that the defendant owed the victim a duty of care and that the death was a direct or indirect result of the violation. A plaintiff can claim that a driver had a duty to respect traffic regulations. The driver broke that obligation by running a red light, and the driver’s actions led to the pedestrian’s death. For instance, if a driver jumps a red light and strikes a person, inflicting fatal injuries.
What Can Be the Cause?
Causation is one of the most contested issues in wrongful death lawsuits. It may be easy to demonstrate that the defendant acted carelessly, but it may be more difficult to demonstrate that their conduct resulted in the death. This is particularly valid when there were potential contributing factors to the victim’s death. For example, prior medical issues or other circumstances.
Comparative Negligence and Denying Responsibility
Comparative negligence contends that the victim or another party contributed to their death by their own careless actions. It is another defense tactic in wrongful death lawsuits. State laws governing comparative negligence differ. Generally speaking, they permit a plaintiff’s damages award to be reduced proportionally to their degree of fault.
If a person is killed in a car accident and the plaintiff claims that the defendant driver was texting and speeding, the defendant may counter that the victim was not wearing a seatbelt or was preoccupied with their phone, which contributed to the collision. The plaintiff’s damages judgment would be 20% less. This can happen if the jury found that the victim bore a 20% share of the blame for their demise.
What are Moral Responsibilities?
Denying responsibility in wrongful death cases is morally wrong as well as legally incorrect. Even if the defendant is not legally accountable for the death, they may still be ethically accountable. For instance, if the victim didn’t follow the instructions, the manufacturer may not be accountable in court.
Similarly, even if a person kills someone as a result of their carelessness or negligence, they may still feel guilty or remorse even if they are not prosecuted or proven legally responsible. In certain instances, they might try to atone for their actions by expressing a heartfelt apology and giving back to the community. As well as, contributing to a good cause in memory of the victim.
Contact Attorney Today
At our law company, we are cognizant of the complexity and sensitivity of wrongful death lawsuits, which need both legal knowledge and compassion for the remaining family members. Our attorneys are able to protect our client’s rights and interests while also considering the case’s moral implications. For individuals who have experienced irreparable loss, we work to bring justice and closure while guiding our clients through the legal system with compassion and clarity. Please don’t hesitate to contact our law office for a consultation at 310-933-5171 or visit our website for other practices.