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Personal injury attorneys and product liability attorneys are looking to help potential plaintiffs bring wrongful death lawsuits.
A wrongful death lawsuit is a claim brought against a defendant for causing the death of another, either negligently or intentionally. A representative of the deceased person’s estate, on behalf of surviving family members, usually brings the suit.
There are several types of wrongful death lawsuits, which can initially be broken down into two categories: intentional and negligent deaths.
Intentional wrongful death lawsuits are brought when a victim has been murdered; negligent wrongful death lawsuits cover a variety of incidences that lead to death.
Common examples of wrongful death cases brought under a theory of negligence include medical malpractice, car accidents, bicycle accidents, boating accidents, medication errors, workplace accidents, drowning accidents, nursing home neglect, slip and fall accidents, defective products, and many other personal injury claims.
Injuries occurring in the workplace that result in death fall outside of the wrongful death realm in many states. These claims must generally be handled through workers compensation.
Elements of a Wrongful Death Case
In order to win a wrongful death case the plaintiff bringing the lawsuit must prove specific elements. The specific elements of a wrongful death case can vary state by state.
Generally, in a wrongful death case based on a theory of negligence, a plaintiff must prove that the defendant owed the deceased a duty of care, the defendant breached the duty of care, the defendant’s breach caused the plaintiff’s injuries, and the defendant suffered damages as a result of the breach.
Who can Bring a Wrongful Death Lawsuit
Wrongful death claims are usually filed by a representative of the deceased’s estate. The survivors of the estate usually must have relationships with the victim through blood or marriage.
The specific survivors who are allowed to bring a lawsuit are regulated by state statute and vary throughout the states. All states allow spouses to bring a wrongful death lawsuit on behalf of their partner, and parents can bring lawsuits on behalf of their minor children and vice versa.
States disagree about whether adult children can receive compensation on behalf of their parents or if parents can receive compensation on behalf of their adult children.
Generally, courts will be more reluctant to allow more distant blood relatives to recover in a wrongful death lawsuit. Grandparents, uncles, cousins, nephews, and other distant relatives will have to convince a court that they should be allowed to collect wrongful death damages.
What Type of Damages does a Wrongful Death Lawsuit Include
Wrongful death lawsuits cover a variety of costs and expenses.
Plaintiffs bringing wrongful death lawsuits can receive compensation for the deceased’s pre-death pain and suffering, medical costs that the deceased victim incurred, funeral and burial costs, loss of the deceased person’s expected income, and loss of consortium. A loss of consortium claim is brought for the loss of intimacy between spouses. In some cases victims may win punitive damages.
Bringing a wrongful death lawsuits can be a complicated process. States have different statutes of limitations for bringing these lawsuits and once that time period has passed, a plaintiff will be barred from bringing suit. Persons considering bringing a wrongful death lawsuit should seek the advice of a legal professional.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
