Losing a loved one unexpectedly can be devastating, especially when someone else’s negligence causes their death. In legal terms, such a case may qualify as a wrongful death. In such cases, the surviving family members or beneficiaries may have the legal right to file a wrongful death claim.
If you are considering legal action, hire a wrongful death lawyer to guide you. But what exactly constitutes a wrongful death claim, and when can it be pursued? Let’s discuss the key components that define wrongful death and the legal options available to grieving families.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action filed when a person dies due to the negligence, carelessness, or intentional actions of another party. Wrongful death claims arise from situations such as car accidents, medical malpractice, workplace injuries, or criminal acts.
What are the Elements of a Wrongful Death Claim?
To file a wrongful death claim, certain legal elements must be proven. These elements are critical to building a strong case.
- Duty of Care: The responsible party is obligated to act safely or responsibly. For example, doctors must provide competent medical care.
- Breach of Duty: The party failed to uphold its duty, either through negligence, recklessness, or intentional harm. For instance, if a driver runs a red light and causes an accident that leads to a fatality, that may constitute negligence.
- Causation: The defendant’s negligent, reckless, or intentional actions must have directly caused the death. If the defendant’s actions did not directly lead to the person’s death, then a wrongful death claim may not be applicable. For example, suppose a car accident caused by a distracted driver results in a fatal injury. In that case, the driver must prove that their actions directly caused the victim’s death.
- Damages: The surviving family members must prove they suffered damages due to the wrongful death. It can include a variety of financial, emotional, and physical losses, such as:
- Funeral and burial expenses.
- Medical expenses incurred before the person’s death (e.g., hospital bills).
- Loss of income or financial support that the deceased person would have provided.
Common Causes of Wrongful Death
A wrongful death claim can arise from various situations. While each case is unique, the most common causes of wrongful deaths include:
- Car Accidents: Car accidents caused by reckless or negligent driving (such as drunk driving, speeding, or distracted driving) are among the most frequent causes of wrongful deaths.
- Medical Malpractice: Medical malpractice occurs when healthcare professionals fail to provide the standard of care that a patient should receive, resulting in a patient’s.
- Workplace Accidents: Employers are generally required to maintain a safe working environment. When an employer fails to uphold this responsibility or unsafe working conditions lead to a fatal accident, the surviving family members may file a wrongful death claim.
- Product Liability: If a defective product leads to someone’s death, whether due to design flaws, manufacturing defects, or improper labeling, a wrongful death claim may be pursued.
Who Can Sue for Wrongful Death?
Understanding your eligibility is a key first step in filing a claim. Specific family members are allowed to file a wrongful death claim. These include:
- The spouse or domestic partner of the deceased
- The children of the deceased (biological or adopted)
- If no spouse or children exist, other dependents, like parents or siblings, may be eligible
Final Words
Wrongful death claims provide families with financial support and justice after they lose a loved one due to someone else’s actions. If you believe your family has grounds for a wrongful death claim, act quickly.
Hire a wrongful death lawyer to help you navigate the legal process, gather evidence, and fight for the compensation your family deserves. By understanding what constitutes a wrongful death claim, you can take the necessary steps to hold the responsible party accountable.
