What Is A Wrongful Death Lawsuit? - Wrongful Death Doctor talk and patient medical working at office

What Constitutes a Wrongful Death Lawsuit?

Wrongful Death Lawyer

The unexpected death of a loved one can be devastating, but when that death is caused by the negligence of another party and was completely preventable had it not been for that party’s actions, the grief and sorrow can be overwhelming. Every state has its own personal injury statutes and these laws also cover wrongful death actions in these types of situations. Although no amount of money will ever make up for your loved one’s death, it is one way to obtain some form of justice.

The following is a brief overview of wrongful death lawsuits. For more detailed information, contact a wrongful death lawyer for legal guidance.

Defining Wrongful Death Under the Law

As mentioned above, each state has its own wrongful death statute that gives victims’ survivors the legal right to pursue damages if there are certain factors that apply to the victim’s death.

The death of the victim was a result of negligence or wrongful act on the at-fault party. Negligence is the failure of upholding the duty of care we all have to others. The at-fault party breached that duty with their actions and the result was the victim died. For example, every driver has a duty of care not to drive if they are under the influence. If a driver gets behind the wheel intoxicated and crashes into another vehicle, killing that driver, they would be liable in any wrongful death action brought by the victim’s survivors.

If the victim had survived their injuries, then they would have had the legal right to file a personal injury lawsuit against the at-fault party to pursue damages for any losses their injuries would have caused them.

Types of Accidents in a Wrongful Death Lawsuit

There are many different types of accidents that can result in a wrongful death lawsuit. Whether the at-fault party is individual, multiple parties, a business, or another entity, the victim’s survivors can file a wrongful death action against those who are liable.

The most common types of wrongful death lawsuit accidents include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Premises liability
  • Work accidents
  • Medical malpractice
  • Defective or dangerous products
  • Construction site accidents

Damages That Can Be Pursued

When a family files a wrongful death lawsuit, they can pursue financial compensation for the following losses:

  • Funeral and burial expenses
  • Medical expenses for the life-saving care of the victim
  • Loss of the victim’s future income and benefits provided for the family
  • Loss of the victim’s services or household contributions, such as childcare, household chores, yard work, etc.
  • Loss of the victim’s love
  • Loss of the victim’s guidance
  • Loss of the victim’s companionship
  • Mental anguish
  • Grief and sorrow
  • Any other losses that are applicable

If you have lost a loved one in an accident, a wrongful death lawyer can help.