When someone passes away, it can happen from natural causes or intentional causes. But did you know there’s also a gray area? While someone’s death might not be a homicide, it’s possible that someone else was at least partially responsible for the outcome. And there are legal protections in place to protect loved ones in these scenarios.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim brought by the surviving family members or representatives of someone who has died due to another party’s negligence or misconduct. Unlike criminal cases, wrongful death claims are civil lawsuits where the goal is to seek compensation (damages) rather than punishment for the person or entity responsible for the death.
In simpler terms, a wrongful death lawsuit arises when someone dies because of another person’s carelessness, recklessness, or wrongdoing. It’s a way for families to hold those responsible accountable and seek financial support to help cover medical bills, funeral costs, lost income, and emotional suffering.
When Can You Pursue a Wrongful Death Claim?
To pursue a wrongful death claim, certain legal criteria must be met. Not every unfortunate death can be grounds for a lawsuit—there needs to be evidence that another party’s negligence or wrongful act directly caused the death.
Here are some common scenarios where wrongful death claims may apply:
- Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide the standard level of care, leading to a patient’s death. This could involve errors during surgery, incorrect diagnoses, improper treatment, or failure to act in time. If a doctor, nurse, or hospital staff member acted negligently and caused the death of a patient, the surviving family may have grounds for a wrongful death lawsuit.
- Workplace Accidents: Some jobs carry inherent risks, but if an employer or co-worker’s negligence leads to a fatal accident, the family of the deceased can pursue a wrongful death claim. For instance, inadequate safety measures, faulty equipment, or lack of proper training could all result in a workplace accident. Construction sites, factories, and other high-risk workplaces are particularly prone to these incidents.
- Car Accidents: Vehicle collisions are one of the most common causes of wrongful death claims. If a loved one dies in a car accident due to someone else’s reckless driving—such as speeding, driving under the influence, or distracted driving—the victim’s family can file a wrongful death lawsuit. This also applies to other vehicular incidents, including motorcycle or truck accidents.
- Defective Products: If a person dies as a result of using a defective or dangerous product, the manufacturer, distributor, or retailer of that product can be held liable through a wrongful death lawsuit. This might include defective auto parts, unsafe household products, or even harmful pharmaceuticals.
- Criminal Acts: While a criminal case is different from a civil lawsuit, a wrongful death lawsuit can still be pursued if someone’s death resulted from an intentional act like assault or murder. For example, even if the perpetrator is acquitted in a criminal trial, the victim’s family can still file a wrongful death claim in civil court, where the burden of proof is lower.
Who is Eligible to File a Wrongful Death Lawsuit?
In most states, only certain individuals are eligible to file a wrongful death lawsuit. Typically, these individuals are immediate family members or legal representatives of the deceased. The following are common parties who may be eligible to bring a wrongful death claim:
According to Raybin & Weissman, P.C., “The surviving spouse of the decedent will have the [first] opportunity to pursue the claim. If the deceased person did not have a surviving spouse, the right to file the claim will fall on the surviving children of the decedent, followed by the personal representative of the decedent’s estate.”
In some cases, more distant relatives such as siblings or grandparents may be able to file a claim if they were financially dependent on the deceased.
Laws on who can file vary by state, so it’s important to consult a wrongful death attorney to understand your rights and eligibility.
What Damages Can Be Sought in a Wrongful Death Lawsuit?
When filing a wrongful death lawsuit, the goal is to seek compensation for the losses suffered due to the untimely death. These damages can cover a range of financial, emotional, and personal losses. Some of the common damages sought in wrongful death cases include:
- Medical Expenses: Compensation for the medical bills related to the deceased person’s injury or illness leading up to their death.
- Funeral and Burial Costs: Families can seek compensation to cover the costs associated with funeral services, burial, or cremation.
- Lost Income: If the deceased was a primary breadwinner, the family may claim compensation for the loss of income they would have provided, both current and future earnings.
- Loss of Companionship: Spouses, children, and other close family members can seek damages for the loss of love, care, and companionship.
- Emotional Distress: Family members may also seek compensation for the emotional pain and suffering caused by the sudden loss of their loved one.
Each state has its own rules and limits on what types of damages can be claimed in a wrongful death lawsuit, so it’s essential to have an experienced lawyer guide you through the process.
Adding it All Up
Losing a loved one is a difficult experience under any circumstances. But it’s even more challenging to process when you know that the death could have been prevented. While a wrongful death lawsuit won’t bring your loved one back, it can help provide some sense of compensation for what happened – paving the way for emotional healing in the future.
Use this article as a starting point for cultivating healing.