If a person dies due to someone else’s action, the decedent’s family can file a wrongful death claim in Hawaii. These lawsuits seek compensation for lost wages, mental anguish, funeral expenses and lost companionship. Below are things families should know before they call a wrongful death attorney with Autoaccidentattorneyhonolulu.com.
When Can a Family File a Wrongful Death Claim?
Wrongful death suits can be initiated anytime a person dies because of someone else’s actions. Situations can include fatal accidents caused by negligence, deaths occurring due to faulty products and medical mistakes. Companies, government agencies and individuals can all be liable if they kill a person through negligence or intentionally. Every jurisdiction has a version of the wrongful death law.
Who Can File?
Wrongful death suits may be filed on behalf of anyone suffering damage because of the person’s death. These people are referred to as parties of interest, and they can be spouses, children, relatives or anyone relying on the victim for financial support. In some areas, domestic partners may file wrongful death claims, and the parents of an unborn child can sue in certain cases.
Criminal Trials and Wrongful Death Suits
In some instances, a wrongful death claim in Hawaii is filed after a criminal trial. They may use similar evidence as in a murder trial, but are held to a much lower proof standard. While a defendant in a murder case must be found guilty beyond reasonable doubt, a jury in a civil case can find someone liable by a preponderance of the evidence.
Proving a Wrongful Death
To prove that a death is wrongful, a plaintiff must demonstrate that it was caused by another entity’s intentional behavior or negligence. The decedent’s survivors must prove that they have suffered real, measurable losses because of the death.
The Statute of Limitations
Every jurisdiction has a statute of limitations that applies to wrongful death cases. In most places it is two years, but it can vary. The clock starts ticking when the incident occurs, not when the person passes away.
If a person believes they are eligible for compensation because of a wrongful death, they should call an attorney right away to explore their legal options. While there’s no way to make up for a loved one’s loss, a lawyer will do everything possible to help the family get back to normal. Visit Autoaccidentattorneyhonolulu.com for more Information.
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