Negligence is defined as either performing an act or avoiding an act that has serious consequences for someone else – and in some cases, results in death. Families can file suit against the person whom they deem the negligent party. These cases often go to court, and a judge or jury determines whether the defendant was negligent – and if so, how much to compensate the victim’s family.
So how do the courts work to determine negligence in a case of wrongful death? There are a variety of factors and circumstances surrounding each particular case. Specifically, judges and juries work to answer the following questions:
- Did the defendant act – or fail to act – on something, resulting in another person’s death?
- Would the death still have occurred if the defendant were not part of the equation?
- How would someone else act if placed in the defendant’s shoes?
Have more questions about negligence laws? Ask the Experts
At The Miley Legal Group, we work regularly with families who have suffered the loss of a loved one at another person’s hands. We even have reading material available for you if you have suffered a loss so that you are prepared for what you may be dealing with when pursuing a claim: The 7 Biggest Mistakes that Will Wreck Your West Virginia Accident Claim. If you have more questions about your rights as the victim’s family, or if you need help filing a wrongful death lawsuit, call us today toll-free at (888) 436-0859.