People get into physical altercations all the time. When a fight results in the death of your loved one, though, the person responsible may say they were simply defending themselves. If you feel the individual is making this claim just to escape responsibility for their actions, here are a couple of ways you can refute their self-defense argument.

Were They Really in Danger of Imminent Death or Bodily Harm?

Defendants can't simply claim self-defense and call it a day. Their claim must meet several requirements before the court will accept it as a viable defense, with the top one being they must prove they were in immediate danger of experiencing great bodily harm or death.

For instance, a claim of self-defense may be accepted in a case where the defendant shot a person charging at them with a knife because the possibility of being mortally wounded was significant. On the other hand, if the threatening person was standing on the other side of a locked fence they couldn't open and the defendant shot them, the court would probably reject their self-defense plea because it's unlikely the victim could've hurt them.

You can challenge the defendant's claim on this point by showing either the victim was not as much of a threat as the defendant claimed the person was, or the defendant didn't actually believe they really were in danger of being harmed.

For example, you could point out any meaningful size difference between the parties. If the victim was a short, slender person and the defendant was a large, muscular individual and the combatants were engaged in a fistfight, you could argue there wasn't any way the victim could've inflicted enough damage onto the defendant to rise to the level of imminent death or bodily harm.

It's a good idea to go over the evidence with a wrongful death attorney who can select relevant details that can help support your stance.

Were Their Actions Reasonable?

Even if a person believes they are in imminent danger of being harmed or killed, their response must still be reasonable considering the circumstances. The law states a person should only use as much force as necessary to protect themselves.

The defendant puts a victim into a chokehold during a fight, for example. The courts may deem their actions reasonable if they applied the chokehold until the victim passed out, but unreasonable if they kept the chokehold on until the victim suffocated to death because any threat the victim posed would've been neutralized when they passed out.

Unfortunately, what is deemed reasonable can vary depending on the situation, the characteristics of the parties involved, and even the social attitudes of the day. It's important to consult with wrongful death attorneys who may hire experts to help determine whether the defendant acted appropriately and assist with making a case against the perpetrator if they conclude he or she didn't.

For help with your wrongful death lawsuit, contact a local attorney.