When we talk about a death by alien negligence we are referring to that death could come influenced, to a greater or lesser extent, by an alien character severely reckless, culpable or negligent performance. As illustrative example of a phenomenon of these features would be the case of a driver driving under the influence of alcohol, it runs over a pedestrian causing death from wounds and injuries arising out of the same. As one can imagine, it is enormously tragic situations and, at the same time, significantly different, which could come motivated by many factors and take place in many contexts and different scenarios. The legal treatment in such situations in most legal systems, and ours is no exception, collects the so-called principle of Civil liability, which is about making us responsible till the last consequences of all our actions. An obligation set this postulate for everyone who does cause damage, It was of the type that would be, to another person; repair it economically, through appropriate compensation. Thus, this type of cases of death by alien negligence could redirect is under this legal principle, whose main objective is the protection to any victim against possible violations by another subject of your generic duty not to cause damage or harm anyone through actions or omissions.
Be able to speak of this type of Civil liability (tort call), would require that relentlessly following conditions: 1. Firstly, a certain person should carry out an action or omission without the due diligence that should be required for such action (for example, by putting a pot without the proper anchorage and security on your window sill). 2. On the other hand, someone should suffer damage, in this case reaching death, precisely as a result of such action or omission. Difficulties encountered in this kind of assumptions and determination of the amount pay compensation in these cases the test is, without a doubt, the main obstacle that arises when it comes to give substance to the allegations in court.
And although sometimes it is not too complicated (and may have even been registered the incident by any means), in others it is tremendously complex, as well as happens for example in cases of death due to medical negligence. In any case, once resolved the question on the test, would be necessary to determine the amount corresponding compensation. Dentro_de it would have to encompass the following concepts: to) damages of determinable character, which would include the costs of health care (for the deceased and psychiatric treatment for family members) not covered by Social Security; the loss of income by the death of that person (if this had been working by employed or self-employed), as well as other diverse concepts (the value of the car and what it was carrying, by) example, if the death had taken place as a result of a collision). (b) other damages of indeterminable character, fundamentally damage and moral damage caused to the relatives and loved ones of the victim.