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Wrongful Death Overview
The legal term “wrongful death” refers to situations where someone’s death occurred because of another’s willful, reckless, or negligent action or inaction.
As opposed to murder or manslaughter, which are crimes brought to a criminal court, wrongful death actions are usually part of a civil lawsuit seeking damages on behalf of the deceased or their loved ones.
Wrongful Death Lawsuits
Family members, loved ones, or other representatives of the deceased usually bring wrongful death claims in a lawsuit against the person or entity they believe caused the death. For example, a COVID-19 wrongful death lawsuit was filed by the estate of a Philadelphia man who died while working at a beef processing company, alleging the company failed to provide safety measures in the plant to prevent the spread of the disease.
Every state and country has a different take on who can bring wrongful death claims, so it is important to understand whether you can bring a claim or not under your state laws or, if different, the state where the deceased lived or died.
Those who wish to sue for wrongful death must show that they suffered some type of injury due to the death. Claimants may include:
- Immediate family members
- Domestic partners
- Other family members, depending on the state
- Those who depended financially on the deceased
- Parents, after the death of a fetus, in some states
In some states, like Alabama, only the personal representative of the decedent’s estate may file a wrongful death claim.
Wrongful death can occur in a number of situations, from car accidents, medical malpractice or faulty medical devices, negligent or abusive behavior, or the failure to warn of a dangerous situation.
Additionally, both individuals and entities can be held accountable for wrongful deaths in a personal injury or product liability lawsuit. Defendants can include not only individuals, but also companies and other organizations whose negligence may have led to the death of another.
Indeed, there are a number of high profile wrongful death lawsuits, where the defendant was not found guilty of a crime, but was held liable in civil court. This includes the notorious OJ Simpson case, where a famous former football player was not convicted for killing his ex-wife and another man, but he did lose the civil wrongful death claim.
Additionally, in the cases of Michael Jackson, Phil Hartman, and Aaliyah’s deaths, family members brought wrongful death lawsuits against other entities they claimed had a role in the demise of the celebrities.
Wrongful Death Damages
Legally, damages refer to injuries one may have suffered that were the fault of another. Damages can include physical and financial harm, as well as emotional harm and pain and suffering.
The damages a plaintiff can claim in a wrongful death lawsuit depend on which state’s laws apply to the claim. In some states, damages are limited under a wrongful death statute to the losses suffered by the deceased loved ones.
Some states also have survival statutes. These laws provide compensation for the harm caused to the decedent from the time of the injury until the time of their death. This would allow the plaintiff to claim damages on the deceased to cover items like medical bills, lost wages, and pain and suffering up to the time of death.
Do I Need a Wrongful Death Attorney?
As noted above, wrongful death laws vary between states. Multiple potential claimants can complicate a wrongful death claim. An experienced wrongful death attorney can ensure that the deceased and their loved one’s interests are properly represented.
