What Qualifies As A Wrongful Death Lawsuit?
Table of Contents
- What Is Wrongful Death?
- Types Of Wrongful Death Cases
- Who Can Sue For Wrongful Death
- How To File A Wrongful Death Lawsuit
Have you ever experienced the loss of a loved one due to negligence? If so, then you may qualify for a wrongful death lawsuit. But what is it? Knowing the ins and outs of these legal proceedings is essential to make an informed decision about your next steps. This article will discuss what qualifies as a wrongful death lawsuit and how they are handled in court.
Wrongful death lawsuits involve cases where someone else’s negligent or intentional actions caused the untimely death of another person. These lawsuits come with rules and regulations, which you must understand before filing such a case. Depending on the state, you must meet various criteria for a lawsuit to be valid. So, consulting an experienced injury lawyer in your area, such as Brach Eichler, who specializes in wrongful death litigation, is advisable.
In addition to understanding who has the right to bring forth this type of action, it’s also essential to understand what kind of conduct constitutes ‘wrongful’ behavior. No matter the cause behind a wrongful death claim, all parties involved should take the time to understand better how these cases are handled under applicable law.
What Is Wrongful Death?
The death of a loved one is a traumatic experience, and when it occurs due to negligence or wrongful acts by another person, the grief can be overwhelming. Wrongful death is the loss of life due to someone else’s actions or inaction that could have reasonably been prevented. Today, wrongful death lawsuits seek justice for survivors left behind after their family member has tragically died.
These lawsuits compensate for medical bills, funeral expenses, lost wages, pain and suffering, and other damages related to the victim’s untimely passing. They also serve as a form of closure for families struggling to cope with losing their loved ones.
Types Of Wrongful Death Cases
In a wrongful death lawsuit, you can sue the party responsible for causing the person’s death. Wrongful deaths occur due to an act of negligence or recklessness by another person or entity. The most common types of these cases include the following:
1. Vehicular Accidents
Collisions between passenger or commercial vehicles and incidents involving a single vehicle due to negligence, error, or defective products can cause serious harm to individuals.
2. Premise Liability Accidents
Any property is at risk for premises liability accidents like slip and falls or object-related occurrences, and property owners are responsible for preventing them.
3. Bicycle And Pedestrian Accidents
When a person on foot or a cyclist is struck by a vehicle, it can result in fatal injuries, especially in high-traffic areas such as school zones.
4. Medical Malpractice
Misdiagnosis, failure to diagnose, surgical mistakes, and drug errors are all examples of medical malpractice that can cause injury to patients.
5. Accidental Poisoning And Overdoses
Deaths caused by illegal narcotics or prescription medication, and while not all are eligible for wrongful death claims, many meet the necessary criteria.
6. Drowning Or Boating Accidents
Wrongful death claims may be filed in the event of a drowning accident in any body of water, from a backyard pool to a lake or ocean. Accidents on the water may also give rise to legal responsibility if the operator was careless or if adequate safety measures weren’t taken.
7. Occupational Diseases And Injuries
Besides filing a workers’ compensation claim, a family of a worker who has died on the job may file a wrongful death suit.
There are many other types of wrongful death causes, each with its own unique circumstances and legal requirements. These legal claims can be complex and challenging to prove; hence, consulting with an experienced attorney who can provide legal is important.
Who Can Sue For Wrongful Death
A wrongful death lawsuit is a civil action brought forward by the family and loved ones of someone who has died due to another party’s negligence or intentional harm. Such an action aims to seek damages for the pain and suffering caused by their untimely passing.
The parties you may name in the suit are those responsible for the decedent’s death, including individuals, businesses, organizations, corporations, or government entities. Multiple defendants can sometimes be held liable for a single wrongful death claim.
Typically, only specific people have the right to bring this kind of legal action for their deceased loved one. These include surviving spouses, parents (if applicable), children (if any exist), adopted relatives, siblings, grandparents, and other close family members, as well as personal representatives designated by the court in charge of estate administration.
These persons must prove they suffered financial loss associated with the decedent’s death—such as lost wages or medical bills—to pursue successful litigation against all parties involved in causing it.
How To File A Wrongful Death Lawsuit
Filing a wrongful death lawsuit is essential for those seeking justice and closure after the untimely loss of a loved one. Understanding what qualifies as a wrongful death is necessary before filing a claim. Here are some key points to consider:
- Prove that someone else caused or contributed to the death.
- Show that there was a ‘loss,’ either economic or non-economic, resulting from the death of your loved one.
- Establish who has legal standing to bring the case (the deceased person’s family members).
- Determine if you should file in criminal or civil court depending on state laws regarding wrongful death litigation.
To prove these elements, consulting with an experienced lawyer familiar with local wrongful death laws and procedures is best practice. A knowledgeable attorney will be able to help guide you through all aspects of the process and assist in achieving desired outcomes related to settlements and compensations.
Wrongful death lawsuits are devastatingly common and can significantly impact families. No amount of money will ever bring back a loved one lost through negligence or intentional harm. But filing a wrongful death lawsuit is essential for obtaining justice, ensuring those responsible don’t hurt anyone else in the future, and providing some financial stability during a difficult time.