How a Wrongful Death Lawsuit Works

When a death occurs as a result of negligence and/or intentional actions, the victim's estate will often choose to pursue a wrongful death lawsuit. This allows them to file a claim against the person or entity that is legally liable for the wrongful death. Though the laws in each state vary, generally, wrongful death suits are filed by the person appointed to represent the deceased's estate on the behalf of the surviving family most affected. During this time, it can be difficult to process the death of a loved one while pursuing a wrongful death claim at the same time. In most cases, it is in the best interest of all involved to work with a proven wrongful death attorney. Any personal injury case can be difficult to prove as well as receive fair compensation. Due to the complex nature of wrongful death suits, this fact is even truer. Learn additional knowledge about how a wrongful death suit works below. 

When a Wrongful Death Suit Can be Pursued

Wrongful death suits can be pursued when an individual who would have otherwise had a valid reason to pursue a personal injury claim suffers death as a result of negligence and/or intentional actions. Circumstances that allow for the pursuit of wrongful death claims include (but not limited too):

• Intentional killing

• Medical malpractice

• Car accidents

• Premise liability accidents

Essentially, any type of personal injury case that leads to death instead of injury can become a wrongful death case. However, in most cases, deaths that occur as a result of workplace accidents are typically handled through worker's compensation channels. 

What Must be Proved in Wrongful Death Suits

Successful wrongful death claims require the surviving estate of the victim to prove that the defendant was liable for the injury and subsequent death. The evidence presented must meet the same burden of proof required in a personal injury claim (if the victim were still alive). This can include proving negligence, breached duty of care, intentional actions causing the death, etc. Since the stakes are so high in wrongful death suits, those pursuing damages can expect to face a staunch defense. For this reason, it is recommended that you work with an experienced wrongful death attorney. Every wrongful death claim will not go to court. If it doesn't, an attorney can help to negotiate a fair settlement on the behalf of the deceased's estate. If it does, a proven attorney can effectively argue on behalf of the estate and conduct a meticulous investigation to present evidence that meets the burden of proof required.

Who Can File a Wrongful Death Claim 

Nationally, the laws of each state are similar with regard to who can file personal injury lawsuits. In most cases, spouses, children, and parents are eligible to do so. Where states differ is whether or not other family members such as uncles, aunts, cousins, etc. can sue. In general, the further away the familial connection is, the more difficult it can be to recoup damages. Also, most states allow family members that can present clear evidence of their financial dependence on the deceased victim to pursue wrongful death claims. 

Types of Damages Available

Damages available to those pursuing wrongful death claims include damages incurred before the death occurred, damages stemming from the actual death, as well as punitive damages (in some cases). Listed below are examples of specific damages that loved ones can seek compensation for. 

• Medical expenses

• Funeral expenses (including burial)

• Loss of income (future and present)

• Loss of companionship, love, guidance, etc.

• Loss of consortium

• Loss of services 

Each wrongful death case is unique. Pursuing a claim without the help of an attorney can cause division within the family, confusion, and ultimately a failed claim (or one where the estate does not receive fair compensation). Take advantage of the free consultations offered by personal injury attorneys, learn more information here. 

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