15 Common Defenses in Wrongful Death Cases

Key Highlights

In wrongful death cases, common defenses include arguing that the deceased was at fault for their own death, the claim lacks standing, the statute of limitations has expired, asserting immunity under specific laws, such as those protecting government entities, and the decedent’s own claim for personal injuries. These defenses are used to challenge the plaintiff’s claim and reduce or eliminate legal liability for the death.

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Wrongful death cases occur when an individual dies due to the careless, reckless, or intentional actions of another party. These situations are challenging and bring significant emotional distress to the surviving family members. It is crucial for these families to understand the process of demonstrating negligence that resulted in the death of their loved one to seek justice and appropriate compensation through a personal representative from the estate of the deceased.

To establish negligence in such cases, several essential components must be present: duty of care, breach of duty, causation, and damages. Duty of care refers to the responsibility the at-fault party owed to the deceased person, determined by their relationship. A breach of duty occurs when the responsible party fails to act as others would in similar circumstances. Causation involves proving that this breach directly caused the victim’s death. Additionally, it must be demonstrated that tangible losses stemmed from the incident, such as medical expenses, funeral costs, lost income, and emotional suffering experienced by the surviving relatives.

When facing wrongful death lawsuits, defendants often employ various strategies to shift blame or reduce their liability. Therefore, it is crucial for families to be aware of these defense tactics and how they can impact their case. Collecting compelling evidence is vital in ensuring the strength of the claim. Evidence may include witness testimonies, expert analyses, medical records, accident reports, and even video footage, all of which contribute to a clear understanding of the events.

What Is Wrongful Death?

In cases where an individual passes away due to the negligence, recklessness, or intentional actions of another party, the deceased person’s family has the right to seek compensation to compensate for their loss. This legal recourse is known as a wrongful death claim and serves as a means for surviving family members such as spouses, children, or parents to receive financial assistance while holding the responsible party accountable for their actions. By pursuing this claim, the bereaved family aims to address the expenses and damages incurred as a result of the loss of their loved one, including loss of income and care provided by the decedent.

Overview of 15 Common Defenses in Wrongful Death Cases

In cases of accidental deaths, the accused often provide various excuses to shift or reduce blame. Here are 11 common defenses used in such situations:

Defense 1: The Statute of Limitations Has Expired

In wrongful death cases, a common defense is that too much time has passed, known as the statute of limitations. This rule sets how long you have to file a wrongful death claim. If you wait too long and miss this deadline, the person being accused can argue that your case shouldn’t be allowed because the time results in a lack of evidence and potential for false accusations.

The exact amount of time you get to start your lawsuit changes depending on where you live. Usually, this clock starts ticking either from when the person died or when everyone figured out what caused their death. It’s super important for family members who are still here to know about these deadlines in their area so they make sure to act fast enough.

If families don’t file their claim within this set period, they might lose their chance completely to ask for money for what happened. That’s why talking with an attorney who knows all about wrongful deaths is crucial; they can help guide families through everything and make sure everything’s done on time. In cases of wrongful death, families may be entitled to compensation through wrongful death settlements, but it is important to file within the statute of limitations to avoid losing the opportunity to seek justice.

Defense 2: Lack of Duty to the Deceased

In wrongful death cases, a common defense is saying there was no duty of care owed to the person who died. This means the defendant argues they weren’t legally required to be careful in a way that could have prevented the death.

Duty of care is all about having a legal responsibility not to hurt someone else. When it comes to wrongful death, whoever caused the harm must have had this kind of obligation towards the deceased. The nature of this duty changes based on how people are connected, like if one’s a doctor and another’s their patient or one’s driving and hits a pedestrian.

To fight off accusations in these situations, defendants need to prove they didn’t owe any duty of care. They might do this by showing there wasn’t any sort of legal bond or expectation for them to look out for each other’s safety.

Defense 3: Breach of Duty Did Not Cause the Death

In cases of wrongful death, it is common for the accused to deny that their actions directly resulted in the person’s death. Although they may acknowledge some level of negligence, they typically argue that this did not significantly contribute to the fatal incident.

To successfully argue such a case, there must be compelling evidence demonstrating a direct link between the defendant’s wrongdoing and the victim’s demise. It is essential to establish without a doubt that their lack of caution or behavior played a substantial role in causing the tragic outcome.

The accused may attempt to deflect responsibility by suggesting alternative causes for the death. This underscores the importance of retaining an experienced attorney specializing in wrongful death cases to advocate for the bereaved family. These legal professionals excel in establishing the culpability of the responsible parties and refuting any attempts to shift blame.

Defense 4: The Deceased’s Comparative Negligence

In wrongful death cases, the accused individual can invoke comparative negligence as a defense, suggesting that the deceased may bear partial responsibility for their own demise due to their actions or errors. If it is determined that the deceased played a role in their death, the accused may be liable for less compensation to the deceased’s family. Another defense that may be raised is contributory negligence, which completely absolves the defendant of liability in some states. This means that the plaintiff(s) may not be able to recover any damages.

Comparative negligence assesses the extent to which the victim’s negligence contributed to the incident. For instance, failing to adhere to safety protocols resulting in injury or death can impact the damages awarded in a lawsuit.

To successfully argue this in court, the defendant must demonstrate that the deceased’s actions were a contributing factor to the fatal accident. The degree of responsibility assigned to the deceased is crucial in this determination.

Defense 5: The Deceased Assumed Risk

In cases of wrongful death, the defense often argues that the deceased knew and accepted the risks involved in their actions, absolving those accused of responsibility. Referred to as “assumption of risk,” this concept holds that individuals who engage in risky behavior are accountable for the associated dangers. For this defense strategy to be effective in court, it must be demonstrated that the deceased was fully aware of the risks and proceeded voluntarily. In such instances, it is essential for surviving family members to seek legal assistance from a skilled wrongful death attorney to challenge this defense and establish accountability for the loss of their loved one.

Defense 6: Immunity from Lawsuit

In certain wrongful death cases, the defendant may argue that they are immune from being sued due to their occupation or government position, believing that this exempts them from responsibility for the death. This legal protection, known as immunity from lawsuit, can be invoked for various reasons. For instance, healthcare providers like doctors may be shielded from medical malpractice lawsuits by specific safeguards. Likewise, governmental actions can grant officials immunity from such claims.

Defense 7: The Death Was Caused by an Act of God

In cases of wrongful death, the accused may attribute the incident to an “act of God” – an unforeseeable event beyond human control – in an attempt to evade responsibility. This defense asserts that the unforeseen event, such as a natural disaster, was the primary cause of the loss, absolving the defendant of blame. To challenge this defense, surviving family members must scrutinize the circumstances with the guidance of a knowledgeable wrongful death attorney. The attorney can help establish whether the event truly qualifies as an act of God or highlight ways in which the accused still contributed to the harm despite the external factors. 

Defense 8: Self-Defense or Defense of Others

Self-defense or defense of others can serve as a valid defense in wrongful death cases. In situations where the defendant’s actions were a result of protecting themselves or someone else from imminent harm, this defense may be applicable. By demonstrating that the actions taken were necessary to prevent harm or danger to oneself or others, the defendant can argue a justifiable reason for their conduct. This defense hinges on proving that the use of force was reasonable under the circumstances present at the time of the incident. Providing evidence to support the claim of self-defense or defense of others is crucial in establishing the validity of this defense strategy.

Defense 9: Release of Liability Waiver Signed by the Deceased

In cases involving a Release of Liability Waiver signed by the deceased, the defense typically relies on the legal document as evidence of the deceased’s acknowledgment of potential risks. These waivers are designed to protect the party being released from liability in the event of an accident or injury. If the deceased signed such a waiver before the fatal incident occurred, it can be used as a defense to limit or dismiss liability claims. However, the validity and scope of such waivers can be subject to legal scrutiny, especially in wrongful death cases where the circumstances of the signing and the language of the waiver are carefully examined to assess their impact on the case.

Defense 10: The Death Resulted from the Deceased’s Illegal Activities

In cases where the death resulted from the deceased’s illegal activities, this can be used as a defense in wrongful death cases. The defense argues that the actions of the deceased directly led to their untimely death due to engaging in illegal activities. This defense shifts the responsibility from any other party to the deceased themselves, highlighting their own actions as the proximate cause of the fatal incident. By demonstrating the causal connection between the illegal activities undertaken by the deceased and their own demise, this defense aims to absolve any other party from liability. It is crucial to gather evidence and seek legal guidance to navigate such complex scenarios effectively.

Defense 11: The Deceased’s Pre-existing Conditions

In wrongful death cases, one common defense revolves around the deceased’s pre-existing conditions. Defendants may argue that the death was not directly caused by their actions but rather by the pre-existing health issues of the deceased. This defense aims to shift the blame away from the defendant’s conduct, attributing the cause of death to factors existing prior to the incident in question. By highlighting the pre-existing conditions, defendants seek to create reasonable doubt regarding their liability in the wrongful death. It is crucial for the plaintiff to counter this defense effectively by proving the causal connection between the defendant’s actions and the untimely death of the deceased.

Defense 12: Failure to Mitigate Damages

In instances of wrongful death, a common defense strategy is to suggest that the deceased individual did not take adequate measures to minimize the impact of their losses. This implies that the family or close ones of the deceased could have taken actions to mitigate the resulting harm or loss. 

For example, if an individual failed to seek assistance for their grief or declined counseling services following a loss, it may be argued that they did not sufficiently attempt to alleviate their emotional suffering. It is the responsibility of the defendants to substantiate this claim in court. However, those in mourning must also demonstrate that they have taken steps to minimize the extent of the emotional distress caused by the incident.

Defense 13: The Impact of Third-Party Actions

In cases of wrongful death, sometimes the person being blamed might say it wasn’t their fault but someone else’s. They’ll argue that this other person or group did something that directly led to the loss of life, not them. To make this point stick in court, they need to bring forward clear evidence showing how exactly this third party was involved and how their actions were the real reason behind what happened. It’s up to them to prove that they weren’t mainly responsible for causing the death; instead, it was because of what someone else did.

Defense 14: Questioning the Relationship of the Plaintiff to the Deceased

Sometimes, one way to defend is by looking into how the person suing was related to the person who passed away. This approach tries to see if they really have a right to sue for wrongful death based on their legal ties with the deceased person. The defense might say that the relationship between them wasn’t valid enough for this kind of lawsuit. For instance, if someone says they were married to the deceased and should get something because of it, those defending might check if their marriage was actually recognized legally or argue that at the time of passing, they weren’t officially married. 

On another note, there could be arguments saying that since they didn’t rely on money from or weren’t closely related family-wise to whoever died; therefore shouldn’t be allowed to bring forward a claim about wrongful death.

Defense 15: Disputes Over the Cause of Death

In cases of wrongful death, the defense may argue that the individual’s demise was not caused by the actions or inactions of the accused, but rather by preexisting health issues or unforeseen events. They will rely on medical records and expert testimony to support their position, bearing the burden of proving their lack of responsibility for the death. Conversely, those alleging wrongful death must demonstrate precisely how the defendant’s conduct resulted in the loss of a loved one. Untangling this matter can be intricate and frequently requires insights from medical professionals well-versed in these issues surrounding the decedent’s death.

Contact Our Atlanta Wrongful Death Lawyer

If you’re facing a wrongful death case, getting help from an experienced wrongful death lawyer in Atlanta is really important. Our team has lots of experience with these kinds of cases and we’re here to guide and represent you when times are tough. We even offer free consultations so we can talk about your situation and figure out the best way to handle your wrongful death claim. With our caring and hardworking lawyers on your side, we’ll make sure to fight for what’s right for you and get the compensation that’s fair. Contact our Atlanta personal injury lawyer for a free consultation with one of our knowledgeable attorneys?

Conclusion

To wrap things up, it’s really important to get how usual defenses in wrongful death cases work if you’re trying to make sense of the legal maze. Each defense brings its own set of hurdles that need deep legal know-how to beat. If you want justice for someone close who passed away wrongly, having a sharp lawyer by your side is key. They can push back against these common defenses effectively. For those looking for advice or needing someone to stand up for them legally in Atlanta, feel free to reach out to our skilled wrongful death lawyer. We’re here ready to listen, answer any questions you have and fight together for the compensation that’s rightfully yours. Starting on this journey towards justice begins with just getting in touch with us.

Frequently Asked Questions

How Is the Statute of Limitations Determined in Wrongful Death Cases?

In wrongful death cases, how long you have to file a lawsuit depends on where the case is and what happened. It’s really important to talk with a lawyer who knows about wrongful death stuff so they can tell you exactly how much time you have for your own situation. You need to act fast because there are strict deadlines for starting a wrongful death lawsuit.

Can a Defense of Assumed Risk Completely Nullify a Wrongful Death Claim?

In a wrongful death claim, the defense of assumed risk could lessen or even wipe out any damages. This happens if it’s proven that the victim was aware of and accepted the risks tied to what they were doing when they died. With this in mind, whether or not this defense works depends on what exactly happened and the legal rules where it took place.

What Evidence Is Most Crucial in Contesting a Wrongful Death Defense?

When fighting against a wrongful death defense, it’s super important to collect solid proof. This can involve statements from people who saw what happened, thoughts from experts, health-related documents, details about the accident itself and any other papers that help show your side of the story is true while proving the other side wrong. Putting together a strong case with believable evidence is key to winning when you’re contesting a wrongful death claim.

What are the most common defenses used in wrongful death cases?

Common defenses in wrongful death cases include contributory negligence, assumption of risk, statute of limitations expiration, lack of duty of care, and causation denial. These are often used by defendants to refute claims or reduce liability in such legal proceedings.

How does the burden of proof differ in wrongful death cases compared to other types of legal cases?

In wrongful death cases, the level of proof needed isn’t as high as it is in criminal cases. For a crime to be proven, it must meet the “beyond a reasonable doubt” standard. However, in a wrongful death case, things are different. Here, what’s required is just to prove that something probably happened because of someone else’s actions leading to someone’s passing away. This is known as proving by “a preponderance of the evidence,” meaning you only need to show that it’s more likely than not that these actions resulted in loss of life.

What factors determine the compensation awarded in a wrongful death case?

In a wrongful death case, the money given to the family left behind depends on many things. This covers what they had to pay for medical bills and funeral expenses, the money they won’t get because their loved one isn’t there anymore, not having that person’s company anymore, and how much emotional pain they’re going through. The details of what happened in each situation and what laws apply also matter when figuring out how much compensation is awarded.

Contact Our Atlanta Wrongful Death Lawyer!