Wrongful Death
“Wrongful death” refers to a case in which someone was killed due to another person's negligence. Having to deal with the wrongful death of a loved one can be a very traumatic experience. To make matters worse, if your loved one is now deceased because of the actions or inactions of another, the situation is nothing less than appalling.
Causes of Wrongful Death
There can be several causes of a wrongful death. The most common causes of death include:
- Motor vehicle accident (e.g. car accident, truck, motorcycle crash, etc.)
- Defective product (e.g. tire defect, airbag, defective toys, etc.)
- Medical malpractice (e.g. birth trauma, misdiagnosis, failure to diagnose, etc)
- Pharmaceutical drug (e.g. gadolinium, etc.)
- Elder abuse
- Construction accident (e.g. scaffolding fall, etc.)
- Premises liability
- Toxic exposure (e.g. mesothelioma, leukemia, lung cancer, etc.)
- Food poisoning (e.g. e-coli)
Elements of a Wrongful Death Case
There are certain elements that must be present in order to bring a wrongful death case:
- Death of a human being
- The death was caused by another’s negligence, or with intent to cause harm
- Surviving family members who are suffering monetary injury as a result of the death
- An appointment of personal representative (e.g. family member, relative, etc.) for the decedent’s estate
Filing a Wrongful Death Lawsuit
A wrongful death lawsuit can result from a variety of incidents such as surgical errors to hit and run automobile accidents to a manufacturer’s defective products. In any case, wrongful death from negligence and the family of the victim has a legal right to compensation. The sudden, unexpected death of a loved one can create severe financial burdens on their families. By filing a wrongful death lawsuit against the responsible parties, you may be able to obtain compensation. Any compensation awarded goes to the estate of the deceased and can be transferred from person to person if the will directs the executor to do so. Wrongful death lawsuits can obtain compensation for their clients for several issues related to the deceased including:
- Hospital bills
- Medical bills
- Property damage
- Funeral expenses
- Pain and suffering of deceased prior to death
Family members may also be awarded compensation for issues affecting them, including:
- Emotional suffering
- Loss of wages between time of death and expected retirement or death
- Parental support
- Mental distress
- Loss of benefits (pension plans, medical coverage, etc.)
Although many different close family members may have a claim, only one legal action for wrongful death may proceed. For this reason, it is advisable that relatives meet together for legal consultation to fully discuss the specific circumstances of the claim.
While no amount of money can ever make up for the loss of a loved one, it can help a family defray heavy medical and funeral expenses, as well as the loss of the victim’s work income.
Wrongful Death Attorney
If you are considering filing a lawsuit, it is important to seek an experienced wrongful death attorney that is familiar with your states laws.