Accidents on Wisconsin roads and highways often result in minor injuries and damage to the parties' personal property. However, some accidents are so horrendous that they claim the lives of the victims involved in the crashes. When a person dies in an auto accident and the cause is the conduct of another party, the loved ones of the deceased party may have a legal claim for their wrongful death.
Negligence is often the basis of an accident-based wrongful death claim. If a person dies in an accident a court will examine if the other party or parties acted negligently. Negligence involves a breach in the duty of care that individuals owe to each other to act reasonably given their circumstances.
If a person dies and negligence is proven, a court will then look to see if the negligence was the cause of the victim's death. If a link can be made between the death and the negligent party, then the court will explore the damages suffered by the relatives of the victim who brought the wrongful death lawsuit. If all of the elements of a wrongful death claim are properly pleaded and proven and there is no successful defense, the parties bringing the wrongful death action may prevail.
A wrongful death claim is a civil matter and may proceed at the same time as a criminal charge against the party who caused the victim's death. Its purpose is to provide compensation to individuals who relied on the victim for emotional and financial support. To learn more about how a wrongful death claim may serve those who have lost loved ones in vehicle accidents, readers may wish to contact their a personal injury attorney.