Wrongful death cases are some of the most tragic and heartbreaking legal matters that can arise. Losing a loved one because of the negligence or wrongdoing of another party is devastating, and seeking justice can often feel overwhelming in such difficult times.
But what exactly constitutes a wrongful death case? Let’s take a closer look at the elements that make up these types of legal claims.
What Constitutes a Wrongful Death?
A wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional actions of another party. These cases can arise from a variety of circumstances, including but not limited to the following.
Automobile Accidents
One of the most common causes of wrongful death cases is automobile accidents. If a driver’s reckless or negligent behavior leads to the death of another person, it may be considered a wrongful death. These cases can include vehicular accidents caused by drunk driving, speeding, distracted driving, or other forms of negligence.
Example:
Imagine Joan is navigating a busy intersection when she fails to yield to oncoming traffic. Her car collides with a large truck, resulting in a severe accident. Sam, the truck driver, is fatally injured. Jane’s negligence in failing to adhere to traffic laws may result in her liability for the wrongful death of John.
Medical Malpractice
Medical malpractice is another common cause of wrongful death cases. Medical malpractice occurs when a healthcare professional fails to meet the reasonable standard of care expected in their profession and causes harm or death to a patient. Examples of medical malpractice that could lead to a wrongful death case include misdiagnosis, surgical errors, medication errors, failure to diagnose a serious condition, and other forms of medical negligence.
Example:
Vanessa is a 35-year-old woman who is admitted to the hospital for a routine procedure. During the surgery, the surgeon, Dr. Jones accidentally cuts a major blood vessel, which leads to severe blood loss. Vanessa dies shortly after surgery. If Dr. Jones failed to perform the surgery as a reasonable person of his education and experience would, then he may be liable for wrongful death.
Workplace Accidents
The workplace should be a safe environment for employees, but accidents can still occur. In cases where an individual dies on the job due to unsafe working conditions or employer negligence, it may be considered a wrongful death. Workplace accidents can occur in any industry and can result from various factors such as unsafe working conditions, lack of proper training, faulty equipment, failure to follow safety protocols, or other forms of negligence on the employer’s part.
Example:
A large grocery store fails to properly train Sam to drive a forklift. While operating the equipment, Sam knocks over a tall stack of tires, which fall onto a customer named Jill. Jill is fatally injured. In this case, the grocery store may be responsible for Jill’s wrongful death.
Product Defects
In some cases, a wrongful death may occur due to a defective or dangerous product. Fatalities can happen when a manufacturer, distributor, or seller fails to properly design, manufacture, or warn consumers about potential hazards associated with their product. Examples of products that could lead to a wrongful death case include faulty car parts, dangerously designed medical devices, toxic substances in consumer products, and other types of defective products.
Example:
A health and beauty manufacturer uses talcum powder to make baby powder products. However, that talc is contaminated with asbestos, a known carcinogen. Individuals who use the product and develop cancer may ultimately pass away because of the disease. In this case, the product manufacturer may be held accountable for the consumer’s wrongful death.
Toxic Torts
Wrongful death cases can also arise from exposure to toxic substances. If an individual dies due to exposure to hazardous materials or chemicals, it may be considered a wrongful death. This type of case often involves industries such as manufacturing, construction, and chemical plants where workers may come into contact with dangerous substances that can lead to severe illnesses or death.
Example:
A nonstick pan manufacturer uses a chemical that is a known carcinogen to coat the pan. Many people develop cancers related to that chemical, and they have proof that they have been using the pan with the toxic substance. Unfortunately, some of the individuals who develop cancer pass away. The pan manufacturer may be held liable for the wrongful deaths of those consumers.
Criminal Acts
Criminal acts can also result in a wrongful death claim. These include assault, battery, murder, manslaughter, domestic violence, and other forms of violence that result in someone’s death. While the perpetrator may also face criminal charges for their actions, a wrongful death case can provide compensation to the deceased’s loved ones for their loss.
Example:
A burglar enters a home with a gun and threatens the residents. While trying to steal a TV, the burglar accidentally shoots one of the residents of the home, who later dies because of the wounds. Although this action was an accident, it was foreseeable because of the presence of the gun and the threatening and illegal behavior of the individual. They would be liable for the wrongful death of the resident who was shot and died.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the surviving family members or beneficiaries of the deceased against the party responsible for their loved one’s death. Wrongful death lawsuits aim to hold the at-fault party accountable for their actions and seek compensation for damages incurred by the survivors.
In wrongful death lawsuits, the plaintiffs must establish the following elements to prove negligence and liability:
- Duty of Care: The defendant owed a duty of care to the deceased, meaning they had a legal obligation to act with reasonable care to avoid causing harm.
- Breach of Duty: The defendant breached this duty through negligent or wrongful actions, failing to uphold the required standard of care.
- Causation: The defendant committed a breach of duty that directly caused or substantially contributed to the death of the victim.
- Damages: The plaintiffs, including the surviving family members and beneficiaries, have suffered quantifiable damages as a consequence of the victim’s death, such as monetary losses, emotional and psychological distress, or loss of companionship.
Who Can File a Wrongful Death Lawsuit?
In most states, the immediate family members of the deceased, including spouses, children, and parents of unmarried minors, can file a wrongful death lawsuit. In some cases, extended family members or individuals who were financially dependent on the deceased may also be able to file a claim. If family members do not or cannot file a lawsuit, the personal representative of the deceased’s estate (an executor or administrator) may be able to file a lawsuit. It’s best to consult with an experienced wrongful death attorney to understand your rights and options for pursuing a lawsuit.
The Importance of Hiring Attorneys for Wrongful Death Claims
Losing a loved one due to another party’s wrongdoing or negligence is a traumatic experience. Additionally, navigating the legal process while grieving can be overwhelming and emotionally draining. It is important for surviving family members to seek help from experienced attorneys who specialize in wrongful death cases.
Navigating a wrongful death lawsuit requires knowledge of both law and empathy. Wrongful death provides invaluable support to grieving families, guiding them through the legal process while advocating fiercely for their rights.
These attorneys conduct thorough investigations, gather evidence, consult experts, and negotiate with insurance companies or opposing parties to secure a fair settlement or pursue litigation in court. Their goal is to ensure that justice is served and that family members receive the compensation they deserve to rebuild their lives in the aftermath of tragedy.
Wrongful Death Settlements
Wrongful death lawsuits often end in settlements, wherein the parties agree to resolve the case outside of court by compensating the plaintiffs for their losses. The amount of your damages typically takes into account various factors, including:
- Economic Damages: These damages are quantifiable financial losses incurred by the survivors, such as medical expenses, lost income, future financial support, loss of inheritance, and funeral costs.
- Non-Economic Damages: These general damages include intangible losses, such as pain and suffering, emotional and mental distress, loss of consortium, and the impact on the survivors’ quality of life.
- Punitive Damages: In cases involving recklessness or misconduct, the court may grant punitive damages to punish the defendant and prevent similar behavior in the future.
These damages aim to hold the defendant accountable for their actions, serve as a warning to others, and help surviving family members move forward with their lives. However, experienced attorneys representing the plaintiffs are essential to negotiating a fair settlement that fully compensates for their losses.
Contact a Wrongful Death Lawyer for Help
Wrongful death cases are complex and emotionally charged legal matters that require in-depth knowledge and compassion. Losing a loved one is never easy, but holding responsible parties accountable can bring a sense of closure and justice to the family.
If you believe you have a wrongful death case, seek help from experienced attorneys who can guide you through the legal process and fight tirelessly for your rights and fair compensation. Wrongful death cases can be very hard to navigate. Let our team of experienced lawyers assist you today.
FAQs
What is the most you can sue for wrongful death?
The amount that plaintiffs can recover in a wrongful death lawsuit varies depending on various factors, including the circumstances of the case, the jurisdiction, and the applicable laws. There is no set limit on the maximum amount the court can award, but it typically encompasses both economic and non-economic damages incurred by the survivors.
What is the burden of proof for wrongful death?
In wrongful death cases, the burden of proof rests with the plaintiffs, who must establish the defendant’s liability by a preponderance of the evidence. This standard requires demonstrating that it is more likely than not that the defendant’s actions caused the victim’s death.
What is the difference between wrongful death and manslaughter?
Wrongful death and manslaughter are distinct legal concepts. Wrongful death is a civil action brought by the survivors of the deceased seeking compensation for their losses. In contrast, manslaughter is a criminal offense involving the unlawful killing of another person without premeditation or malice aforethought. While both involve the death of an individual, they are adjudicated through separate legal processes and serve different purposes.
How do you divide a wrongful death settlement?
The distribution of a wrongful death settlement depends on the jurisdiction’s laws and the case’s specific circumstances. Typically, the court distributes the settlement amount among the surviving family members or beneficiaries in proportion to their losses. Recipients may include the deceased’s spouses, children, parents, or other dependents.
What are general damages for wrongful death?
General damages in a wrongful death case include non-economic losses suffered by the survivors, such as pain and suffering, emotional distress, loss of companionship, and the impact on their quality of life. These damages aim to compensate for intangible losses that cannot be easily quantified but are nonetheless significant in the aftermath of a loved one’s death.