A wrongful death lawsuit is a specific kind of claim brought when somebody dies as a result of a defendant’s negligence or intentional actions.
While laws surrounding wrongful death claims differ from state to state, wrongful death lawsuits generally follow the same process.
Below, we go into more detail of what that process looks like, but first, it’s essential to understand which types of fatality qualifies as wrongful deaths.
Which Circumstances Necessitate a Wrongful Death Claim?
It’s best to think of a wrongful death as you would a personal injury claim, except in this instance, an individual has died as the direct result of a defendant’s wrongful actions as opposed to being hurt.
Perhaps the most famous wrongful death was that of O.J. Simpson.
Although found innocent within the criminal trial, he was found guilty in the wrongful death civil lawsuit that followed.
His acts were deemed to result in the deaths of two individuals.
Medical malpractice, whereby a doctor is negligent in their duties, is another common cause for wrongful death lawsuits. A victim dying in a car accident is also sufficient grounds to file a wrongful death claim.
Most personal injury situations that result inath qualify for wrongful death suits.
However, deaths at work are a notable exception, as they are covered explicitly by the worker’s compensation scheme.
What Must Be Proven in a Wrongful Death Lawsuit?
To hold a defendant liable in a wrongful death claim, the plaintiff(s) must meet the same burden of proof the victim would have had to meet had they survived.
For instance, in the case of negligence, the legal team for the plaintiff will have to prove that the defendant owed the victim a duty of care, which they subsequently breached, directly causing the death of the person.
They will then have to demonstrate that the death caused the damages that the plaintiff is trying to recover, such as funeral costs or future income loss.
Who Can File a Wrongful Death Lawsuit?
Survivors who had a relationship with the victim usually go through the process of hiring a wrongful death lawyer, who then submits the claim on their behalf.
Who constitutes a survivor does vary from state to state.
In all states, a spouse can bring a wrongful death action on behalf of their deceased partner, as can parents on behalf of their children and minors bringing an action on behalf of their parents.
However, the law subsequently varies from state to state.
Some states, for example, forbid adult children from bringing an action on behalf of their parents.
Others prevent grandparents from filing suit on behalf of grandchildren.
In many states, there doesn’t have to be a formal relationship between the survivor and the victim, as long as financial dependence can be proven.
It’s always best to check with a wrongful death specialist in your area to assess your options.
What Qualifies as Recoverable Damages in a Wrongful Death Lawsuit?
There are many categories of damages that qualify as recoverable in a wrongful death claim. While some are financial (such as medical costs incurred as a result of the death of the victim), others are more intangible such as the loss of love and companionship.
Here are the categories under which your lawyer may file a claim for damages:
♦ the deceased person’s pre-death “pain and suffering”
♦ the medical treatment costs that the deceased victim incurred as a result of the injury before death
♦ funeral-related costs
♦ loss of the deceased person’s expected future income
♦ loss of any inheritance
♦ value of the services that the deceased would have provided
♦ loss of care, guidance, and nurturing that the deceased would have provided
♦ loss of love and companionship
♦ loss of consortium
It might be the case that a lawyer would bring a claim in one or several lawsuits under these categories. It depends on the nature of the specific case.
If in doubt as to your losses incurred, consult the advice of an experienced attorney.
Shift Frequency © 2020 – How a Wrongful
Death Lawsuit Works