The loss of a loved one is a devastating experience, and it can be even more distressing when the death is due to someone else’s negligence or wrongful actions.
In such cases, a wrongful death lawsuit may be an appropriate course of action to seek justice and financial compensation.
Auto accidents can be a very stressful situation for people to deal with.
Out of nowhere, a day just like any other gets turned upside down.
If your car is damaged, you are likely injured, and you will have 1,000 other things to deal with, such as insurance, lawyers, medical bills, and bills to repair your car.
In extreme car accidents, people pay the ultimate price of their lives.
Nearly 1.25 million people around the globe lose their lives in motor vehicle accidents every year.
A large amount of those fatalities are wrongful deaths.
Wrongful death claims are brought against a defendant who has caused someone's death, either through negligence or as a result of intentional action.
Wrongful deaths allow the estate or those close to the deceased person to file a lawsuit against the party who is legally liable for the death.
Though each state's wrongful death laws vary, these kinds of lawsuits are usually filed by a representative of the deceased person's estate, often on behalf of those affected by the death.
The article below discusses the complex process of a wrongful death lawsuit and who can bring one.
Table of Contents
- When Is A Wrongful Death Applicable?
- What Has To Be Proven?
- Who Can File A Wrongful Death Claim?
- Wrongful Death Damages
- Get The Wrongful Death Settlement That You Deserve
When Is A Wrongful Death Applicable?
A wrongful death claim can arise after situations in which a victim who would otherwise have a personal injury claim is killed as a result of the defendant's wrongful action.
This can occur in a variety of situations, including:
1. Negligent Conduct
Negligence is one of the most common grounds for wrongful death lawsuits.
This occurs when a person or entity fails to exercise reasonable care, leading to fatal harm.
Some examples include:
Car accident fatalities. In this case, when accident victims die as a result of car accident injuries, a wrongful death claim may be brought against the negligent party.Drivers who are distracted, intoxicated, or violating traffic laws can cause fatal accidents.
Medical Malpractice. If a doctor fails to diagnose a condition, or if the doctor is careless in the level of care that was provided, and a patient dies as a result, a wrongful death action might be possible for medical negligence.
Premises Liability: Property owners who neglect safety measures, leading to fatal accidents on their property.
2. Intentional Conduct
Wrongful death can also arise from intentional acts, such as:
- Assault and Battery: Acts of violence that result in the victim’s death.
- Murder or Manslaughter: Criminal acts where one person intentionally or recklessly causes another’s death.
In these cases, the responsible party can face both criminal charges and a wrongful death lawsuit from the deceased’s family.
3. Product Liability
Defective products can lead to a wide variety of fatal injuries, giving rise to a wrongful death lawsuit.
Common examples include:
- Automotive Defects: Faulty vehicle components causing accidents.
- Medical Devices: Defective medical implants or equipment leading to death.
- Consumer Products: Unsafe household products causing fatal accidents.
Product manufacturers, distributors, and retailers can all be held liable in product liability cases.
4. Workplace Accidents
Fatal workplace accidents can lead to wrongful death claims, particularly if the employer’s negligence contributed to the incident.
Examples include:
- Construction Accidents: Falls, equipment failures, or lack of safety measures.
- Industrial Accidents: Exposure to hazardous substances or unsafe working conditions.
- Transportation Accidents: Fatal accidents involving commercial vehicles.
Employers may be held accountable for failing to provide a safe working environment.
What Has To Be Proven?
To hold a defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet if the victim lived.
Using negligence as an example, this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File A Wrongful Death Claim?
More often than not, a wrongful death claim is usually filed by a representative of the estate of the deceased victim on behalf of survivors who had a relationship with the victim.
The laws vary from state to state about who exactly the survivors can be.
In every state, though, a spouse can bring a wrongful death action on behalf of their deceased spouse.
A parent of minors can bring a wrongful death action if one of their children is killed, and minors can bring a wrongful death action if their parents are killed.
The laws start to vary when it comes to the parents of adult children bringing a wrongful death claim if adult children can sue for the wrongful death of their parents or if extended relatives can bring wrongful death claims.
The more distant the familial relationship is, the harder it will be to bring a wrongful death action.
In some states, the romantic partner of the deceased may bring a wrongful death claim, as can anyone else who can show financial dependence on the deceased.
Wrongful Death Damages
Various types of damages and financial losses can be claimed for compensation in wrongful death suits.
They include, but are not limited to:
- Loss of companionship
- Funeral expenses
- Burial expenses
- Loss of income
- Medical expenses
- Emotional distress
- Punitive damages
- Loss of the deceased person's future income
- Loss of any inheritance as a result of the death
- Loss of care, guidance, and nurturing that the deceased would have provided
- Loss of consortium
- Value of the services that the deceased would have provided
- The deceased person's pre-death "pain and suffering" (this is often called a "survival" claim).
- The medical treatment costs that the deceased victim incurred as a result of the injury prior to death
Get The Wrongful Death Settlement that You Deserve
If someone important to you was killed due to someone else's negligence, you or their family deserves fair compensation.
The last thing you need to worry about when dealing with the death of someone you love is how to cover the expenses of their unexpected death and to be able to support yourself without them.
That should be left to experienced wrongful death attorneys so you can mourn their death and start the healing process.
If you need help filing a legal claim against the at-fault party, our law firm's experienced wrongful death lawyers can help you through this complicated legal process.
You do not have to go through this difficult time alone.
Having a personal injury lawyer providing you with legal advice and handling all negotiations with the insurance companies, you can rest assured that you will receive a fair settlement for all of your losses.
Click the button below for a free initial consultation with an experienced attorney today.
