The term “wrongful death” refers to a legal situation in which a person’s death was caused by the negligence or misconduct of another individual or entity. Essentially, if the deceased could have filed a personal injury claim had they survived, their surviving family members or representatives may pursue a wrongful death lawsuit to seek justice and compensation.
Common Causes of Wrongful Death
Wrongful death cases can arise from a variety of circumstances, including but not limited to:
- Automobile accidents caused by drunk or reckless drivers
- Defective products resulting in fatal injuries
- Slip and fall accidents leading to severe trauma and death
- Construction site accidents involving unsafe equipment or negligence
- Animal attacks, such as fatal dog bites
- Failure to warn about known hazards, such as missing safety labels
- Medical malpractice, including misdiagnoses or surgical errors leading to death
Can You File a Wrongful Death Lawsuit?
Each state has its own wrongful death statutes outlining who can file a claim, what damages can be recovered, and the applicable statute of limitations. Typically, wrongful death claims must be filed within two years of the incident, but this varies by state.
The right to file a wrongful death claim usually falls to:
- Immediate family members (spouse, children, or parents of the deceased)
- Designated representatives of the deceased’s estate
- In some states, unmarried partners or financial dependents
Proving Wrongful Death Due to Negligence or Misconduct
To succeed in a wrongful death lawsuit, the plaintiff must establish four key elements:
- Duty of Care – The defendant had a legal obligation to ensure safety.
- Breach of Duty – The defendant failed to uphold their duty of care.
- Causation – The breach directly resulted in the victim’s death.
- Damages – The plaintiff suffered financial or emotional loss as a result of the death.
In cases of misconduct, plaintiffs must prove intentional harm led to the fatality. In negligence cases, they must show that the responsible party failed to take reasonable precautions, ultimately leading to the wrongful death.
Potential Compensation in a Wrongful Death Case
A wrongful death lawsuit aims to provide compensation for the financial and emotional losses suffered by the deceased’s loved ones. The three main categories of damages include:
- Economic Damages: Medical expenses, funeral costs, lost income, lost inheritance, and lost benefits.
- Non-Economic Damages: Emotional distress, loss of companionship (consortium), and pain and suffering.
- Punitive Damages: Intended to punish the defendant for gross negligence or intentional harm, if applicable.
Wrongful Death vs. Criminal Charges
A wrongful death lawsuit is a civil action seeking financial compensation. However, if the responsible party violated criminal laws (e.g., homicide, DUI manslaughter), they may also face separate criminal charges, which could lead to penalties such as imprisonment.
Seeking Legal Support for a Wrongful Death Claim
Navigating a wrongful death claim can be complex, requiring legal expertise to build a strong case. If your loved one was a victim of wrongful death, consulting an experienced attorney can help you determine your legal options and ensure you receive the compensation you deserve.
At Siri & Glimstad LLP, we are dedicated to helping families seek justice in wrongful death cases. For help with this or any medical malpractice questions you may have, fill out the form here to schedule a time to speak with a qualified medical malpractice attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side.
