Losing a loved one in an accident that was caused due to someone else’s negligence can be one of the worst feelings in the world. You could have been saying goodbye to your spouse in the morning when they headed out for work only to discover they had passed away in a car accident. The feeling worsens when you realize the accident could have been prevented.
If you have lost your loved one recently in an accident, you may have a wrongful death claim. While no amount of money can bring a person back to life, your loved one deserves to get justice. If you wish to hold the liable party accountable for their actions, consider speaking to an attorney and schedule a free initial consultation today.
Common wrongful death defenses
Self-defense is one of the oldest and most commonly used wrongful death defenses. It is used when someone is trying to prove that they were not acting negligently but trying to protect themselves from immediate danger or harm. However, the defendant still must prove that their action was reasonable to cause a fatal injury. Simply proving that they were suspecting or in actual danger is not enough.
Statute of Limitations.
If you have a wrongful death claim, make sure that you file your case before the statute of limitation runs out. Different states have different laws when it comes to such deadlines. In Monroe, the statute of limitations for wrongful death cases is one year from the deceased person’s death date. It is noteworthy that the statute will not begin on the date of the accident but when the victim succumbs to their injuries.
If you file your case after one year, you may not be able to recover compensation or get justice for your loved one.
Comparative negligence is also another common defense in wrongful death claims. Comparative negligence defense lessens the burden on the defendant by establishing that the plaintiff’s actions contributed to the accident by a certain percentage. If the defendant can prove that the plaintiff was even 10% responsible for the accident, they would have to compensate the plaintiff by 90% only.
Assumption of risk.
This defense can be used when the defendant was taking part in a dangerous activity that was obvious to other people. If the defendant was involved in an activity that was obviously dangerous and could lead to harm and the plaintiff still engaged with them or did not take precautionary steps, then they may not be compensated.