In 2018 there were 173,040 unintentional injury or wrongful deaths in the US alone. Individuals file wrongful death claims against someone responsible for the death of another through either intentional action or negligence.
Wrongful death claims allow individuals who were close to the deceased to file a lawsuit against those responsible for the death. They are most commonly filed by surviving family members who are most affected by the death.
The laws for wrongful death vary from state to state, so let’s take a closer look at what constitutes wrongful death and who can file a claim.
Examples of Wrongful Death
Wrongful death claims are filed in situations where the victim would have been able to file a personal injury claim had they have not been killed. The easiest way to show exactly what is wrongful death is with these examples:
- When a person dies as a result of medical malpractice
- When a person is intentionally killed
- Car accident fatalities that result from driver negligence
- Fatal accidents in the workplace
- Abuse and neglect at nursing homes or assisted living facilities
- Defective products
- Aviation accidents
In the case of someone being intentionally killed, the wrongful death case is separate from the murder case against the defendant.
These are a few examples of how personal injury cases end up being wrongful death cases. As you can see, all wrongful death cases come to fruition when a personal injury results in death.
What Do You Need to Prove Wrongful Death?
To successfully file a wrongful death case the plaintiffs will need to meet four types of burden of proof. If the victim were still alive they would require these to file a personal injury claim.
The four key elements that constitute wrongful death are:
- Negligence
- Breach of duty
- Causation
- Damages
Essentially, the plaintiff needs to prove that the defendant owed the victim duty of care, and it was this breach of duty that was responsible for the victim’s death.
The damages that resulted from the death such as loss of income, funeral costs, and medical expenses must be quantifiable to claim wrongful death.
Who Can File a Wrongful Death Claim?
Wrongful death claims are most commonly filed by a representative of the victim’s estate. This is done on behalf of those who had a close relationship with the deceased.
Spouses can file wrongful death claims on behalf of their deceased spouse, and the parents of minors can file if one of their children is killed. Minors can also file a wrongful death claim if an incident results in one of their parent’s death.
States have varying rules regarding whether or not the parents of adult children can file a wrongful death claim over the death of their parent. As they do with whether or not adult siblings can file a wrongful death claim over the death of one of their parents.
A good rule of thumb is that the more distant the relationship, the harder it will be to successfully file a wrongful death case.
Finding a Wrongful Death Lawyer
If you believe that you have a wrongful death case, then finding a reputable wrongful death lawyer is the best way to clarify whether or not you have a case. Losing someone close to you can be a difficult time, so it’s crucial to check if you have a valid wrongful death lawsuit before proceeding.
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