table of contents
A wrongful death situation arises when one party’s negligence or misconduct results in the untimely death of another party and a legal claim is brought on behalf of the deceased.
When a loved one’s life is cut short in an accident, it certainly feels wrongful and unjust. In order for an incident to fit the legal definition of wrongful death, specific conditions must be met. When those conditions are present, the survivors can file a civil action for wrongful death for economic and noneconomic damages.
What is Wrongful Death?
Under the legal wrongful death definition, a wrongful death action only arises when negligence is a factor in the death. In other words, one party must have had a legal duty to provide for the care of the deceased, and that party must have failed to uphold that duty.
Circumstances Leading to a Wrongful Death Lawsuit
This wrongful death meaning sounds complex, but a duty of care is automatic or assumed in many circumstances. For instance, everyone who gets behind the wheel of a car assumes an automatic duty of care towards everyone else on the road. Driving recklessly, intentionally violating traffic laws, or otherwise causing an accident would be considered negligence. Property owners, businesses, and product manufacturers all have a duty of care towards visitors, clients, and customers.
What does wrongful death mean in the context of a medical incident? Doctors have a legal duty to provide for the care of their patients, but they also can’t be held responsible for every untimely death. This type of wrongful death lawsuit is usually complex and requires specific legal representation. In general, you’ll need to prove that the doctor’s level of care fell below the reasonable standard of care another similar doctor with equal qualifications would’ve treated you.
Under the legal wrongful death lawsuit definition, other situations could arise as a result of a workplace accident, an intentional act of violence, or a premises liability claim.
Who Can File a Wrongful Death Lawsuit?
State laws specify what parties can file a wrongful death lawsuit, but in general, all real parties in interest can seek compensation for what they’ve lost. You will be considered as having an interest in the suit if the person’s death directly caused losses on your part. These losses might come in the form of:
- Burial costs;
- Funeral expenses;
- A loss of financial support for spouses or children;
- Emotional distress.
Punitive damages in wrongful death situations are rarely awarded, but it is possible to file for them if the other party was extremely reckless or intentionally displayed a disregard for your loved one’s life. Compensation for survivors is most often distributed to the spouse first, then any of the deceased’s children, followed by the parents, and then any other relatives.
If the deceased does not have any close family members or relatives, then a personal representative of decedent can file a legal claim to resolve any of the deceased debts.
Proving a Wrongful Death Case
To prove a wrongful death case, you’ll need to produce enough evidence that shows:
- The other party had a legal duty to provide for the care of your loved one;
- The other party failed to uphold their duty of care;
- The breach of duty directly caused your loved one’s death;
- The loss of life led to specific losses.
Each state’s official wrongful death statute of limitations laws outline how long you have to seek out a claim. The standard of proof in this type of case is a preponderance of the evidence, so you’ll want to be sure to collect enough evidence that shows exactly what happened and who is responsible.
Glossary References
https://www.law.cornell.edu/wex/wrongful_death
Every case is unique, so we tailor our approach to meet your specific needs.
