Wrongful death is the loss of human life that is the direct consequence of another’s carelessness, negligence, or wrongful act (or someone’s lack of action).
Each wrongful death lawsuit is distinctive and needs the expert care and attention of a wrongful death lawyer. A wrongful death attorney has the ability to protect the rights of the loved-ones of the deceased individual.
When a loved one dies from the actions (or inaction) of someone’s negligence or recklessness, the surviving members of the decedent’s family can file a wrongful death lawsuit to receive financial compensation for the act of negligence that caused the wrongful death. The types of damages that may be permitted in a wrongful death claim will often be contingent on the facts of the lawsuit and the applicable state law.
What is Wrongful Death?
The concept of wrongful death refers to a broad legal topic that includes both personal injury and medical malpractice but also includes any death that was the result of another’s carelessness, neglect, or wrongful action, among others.
Wrongful deaths can happen as a result of a variety of different circumstances. A partial list of the most common causes of a wrongful death includes –
- Automobile Accidents Caused by Negligence – lawsuits can be filed against manufacturers for defective tires, seats, brakes, or any other automobile part that may malfunction and cause a death. Additionally, a wrongful death lawsuit can be brought against a driver by another motorist or the passenger in a car.
- Medical Malpractice – medical malpractice is the professional negligence of a health care provider. When it results in the death of an individual, a wrongful death lawsuit often follows. Medical malpractice is a broad category which includes the following –
- Surgical errors.
- A delayed diagnosis or a misdiagnosis.
- Birth Injuries.
- Defective Medical Equipment.
- Nursing home negligence or abuse.
- Product Liability – product liability has three fundamental areas – 1. A manufacturing defect, 2. A Design Defect, and 3. Failure to Notify Consumers of any Defects.
- Workplace accidents – unfortunately, too many wrongful deaths are the result of accidents that happen when someone is working. A fatal injury in the workplace could occur for a number of reasons, especially in those situations where the work environment is considered dangerous. A fatality in the workplace could be caused by –
- An explosion.
- Long term exposure to harmful chemicals.
- A fall.
- A burn.
- Criminal Activity – anyone who is responsible for committing an illegal act that causes a wrongful death can be held liable in criminal proceedings and in a civil court of law. The civil lawsuit is generally filed by the decedent’s loved ones and can be filed before the perpetrator is convicted in criminal court.
Who Can File a Wrongful Death Claim?
In most instances, the closest relative of the deceased individual is the person who will likely file the wrongful death lawsuit. This usually includes a spouse, a child, or the parent of the decedent. If the decedent’s last will/testament identifies an executor, this person will file a wrongful death claim, instead of a close relative.
The Kinds of Damages that can be Included in Wrongful Death Cases
Those family members who have regrettably lost a loved one to the negligence or carelessness of another, are entitled to pursue a lawsuit with the hopes of receiving financial compensation.
The compensation that may be obtained through a trial or an out-of-court settlement can be used to cover these expenses –
- Expenses for the loved one’s funeral or burial.
- Past medical expenses or hospital bills incurred by the decedent before their death.
- Loss of Inheritance.
- Mental Anguish in the forms of grief, pain, or suffering, among others.
- Loss of consortium/companionship, love, or comfort.
- Recover of lost past earnings and potential future earnings.
- Loss of financial support.
- Property damage, among others.
If the wrongful death claim involves medical malpractice, damages typically consist of medical expenses, disfigurement/disability, lost wages, and even punitive damages.
Wrongful Death Lawsuit Limitations
It is important to fully understand that a wrongful death lawsuit, like many legal matters, is subject to a statute of limitations. For most states, a wrongful death lawsuit must be filed within two years of the decedent’s death. Once this two-year timeframe passes, it is likely you will be able to take any wrongful death legal action.
On average, a wrongful death lawsuit can take anywhere from 1 to 4 years to conclude – even if the lawsuit does not see the inside of a courtroom.