Wrongful death is a legal term for the three types of cases where someone’s death results from another person’s negligence, recklessness, or intentional act. Faruqi & Faruqi, LLP says the law defines wrongful death as killing an individual by another person or entity. Wrongful death cases are often settled out of court, but there are instances when a case goes to trial.
If you have lost a loved one due to someone else’s negligence, then you must speak with a lawyer who specializes in this area of law right away. Whether your loved one was killed in an accident caused by defective machinery or because their doctor prescribed them the wrong medication for their condition, speaking with a lawyer can help guide you through what steps need to be taken next.
What is wrongful death?
When a person is killed due to the negligence of another party, their surviving family members and close friends may be able to pursue legal action against that negligent party. This case will proceed under the “wrongful death” theory since the victim cannot file the lawsuit themselves. The family member or close friend must file a wrongful death claim for their deceased loved one. The party who files the wrongful death suit is typically called “the plaintiff.”
What are the three types of wrongful death cases?
According to Faruqi & Faruqi, LLP, three different types of cases fall under the umbrella of wrongful death. If you have lost a loved one in an accident, then it is important that you speak with an attorney right away to discuss your options. The three types of wrongful death cases are car accidents, medical malpractice, and workplace accidents.
Car accidents
When someone is killed in an accident caused by another driver’s negligence, you can file a wrongful death lawsuit against that negligent party. If your loved one was injured in the car accident and later died as a result of those injuries, then you can also file a separate personal injury claim on their behalf. This means that both claims will proceed simultaneously- not separately.
Medical malpractice
If your loved one suffered an injury due to medical malpractice (negligence) but later died as a result, then you may be able to file a claim for wrongful death. Medical malpractice cases involve negligence that leads to an injury or death. These medical mistakes are often very difficult to prove because it must be demonstrated that the doctor acted negligently and that negligence led directly to the patient’s death. An attorney can help you prove how the doctor’s mistakes negatively impacted your loved one.
Workplace accidents
When a person is killed in a workplace accident because of their employer’s negligence or the manufacturer of machinery, then their family members may have grounds for filing a wrongful death claim on their behalf. In these types of cases, it must be demonstrated that there were sufficient safety protocols in place to prevent someone from getting injured or killed.
How is one held liable in a wrongful death
For someone to be held liable in a wrongful death case, they must owe the decedent (the person who passed away) a legal duty. This legal duty can be either general or special- when determining whether or not liability exists in these situations, courts will often look at the relationship between the parties involved. Faruqi & Faruqi, LLP says that, In a medical malpractice case, the doctor has a special duty to their patient. To prove liability in a wrongful death case, you must show that the defendant breached their legal duty, and this breach resulted in your loved one’s death.
What damages can i recover from a wrongful death suit?
If you have lost a loved one due to someone else’s negligence, then it is important that you speak with an attorney right away. When someone files a wrongful death claim after losing a loved one, they are typically asking for one of three types of damages: economic, non-economic, or punitive. Economic damages cover financial losses like funeral expenses and any loss of income your loved one would have contributed if they had lived.
Why you should hire a lawyer
It is important that you speak with an attorney to discuss your options if you have lost a loved one in an accident. A personal injury law firm will help you understand what damages you are entitled to and how the process works. Faruqi & Faruqi, LLP says that if someone else’s negligence caused your loved one’s death, then they should be held accountable for their actions. It might seem like it would be overwhelming, but wrongful death cases can typically be processed fairly quickly. An experienced lawyer will know the best strategies for presenting evidence related to your case so that your loved ones’ killer is held responsible for their actions.
Final thoughts
A wrongful death lawsuit could be filed against the negligent party if your loved one was killed due to someone else’s actions. If you are ready to handle this type of case, it is important to contact an attorney for help. A personal injury firm will know what damages you could be entitled to and how to proceed with your case so that the other person is held responsible for their negligence.
Share
Contributors
