Wrongful death claims can be very emotional for the plaintiff. Adding to the emotional burden would be the challenge of proving to the court that the defendant is indeed guilty of negligence that led to the death of their loved one. Families of the victims need to work closely with a wrongful death lawyer who will advocate their case in court. On their part, the accused might employ one or more of the following defense strategies to clear them of liability:
Causation. In this defense, the defendant tries to prove that he is not the cause of the decedent’s death. Note that wrongful death cases are not always about vehicular accidents. In cases like medical malpractice, for example, there may be a team involved, and the defendant could use this fact to free himself of the blame.
Self-Defense. This defense is allowed only if there are reasonable grounds to believe the imminence of great bodily harm or loss of life.
Release Agreement. A release agreement is a document that states an enforceable promise that the releasor would not take legal action for any compensation. This is usually made between a client and a service provider before the provision of a service.
Unlawful Involvement. The defense may point out that the decedent was involved in an unlawful act when he or she died.
Contributory Negligence. This is a claim that the decedent contributed to the cause of his or her death.