What is Wrongful Death?

Death can happen to anyone at any time. However, there are many cases where a person dies due to another person’s misconduct, negligence, or misbehavior. The result might be shocking news to a person’s family, relatives, and friends.

Many people might be afraid to take action after a wrongful death situation. Whether they are still recovering from the event or not aware of what wrongful death is all about. Let us now explain what wrongful death is and how claims can apply.

Wrongful Death: What is it? 

When a person dies because of another individual’s misconduct, misbehavior, or negligence, their family can file a wrongful death claim. Wrongful death also applies to the sudden demise of employees while working for a company, given that their employers are at fault. Wrongful death is a lawsuit seeking compensation for the survivor’s loss. 

Some losses can include lost companionship, wages, and funeral expenses. If you want to file a claim, it is best to contact Wrongful Death Attorneys, who will provide guidance. Getting the help of law professionals gives you an edge since they have the knowledge, experience, and expertise to deal with the situation. 

Any person can file a wrongful death lawsuit. For example, if you are a victim’s family member, you can file a wrongful death lawsuit if they die because of another person’s fault. Other instances where wrongful death applies are: 

• Car accidents (Reckless Drivers)

• Medical malpractice 

• Criminal activity 

• Employers who fail at property upkeep.

• Bartenders who serve alcohol lead to road accidents. 

In each state, the statutes of wrongful death can vary. Typically, a state’s laws define who is capable of suing following a wrongful death situation. A state can also limit the amount that people can receive as compensation. The creation of these statutes aims to provide compensation for orphans and widows. 

A representative can file a wrongful death claim on behalf of all the survivors. However, it depends on the state who can be eligible to sue another person for wrongful death. The eligibility of family members also differs in each US state. 

When can Wrongful Death Claims Apply?

Wrongful death claims can happen if an investigation points at the misconduct of another person, group, or organization. Wrongful death also applies to a person who dies after failing to file a personal injury claim. There are many situations where wrongful death applies. Let us now discuss each of these scenarios.

Intentional Killing

If another person intentionally kills another individual, then the victim’s survivors can sue for wrongful death. When the defendant is guilty of killing the victim, they will face charges in a criminal case. The victim’s family members can also file a wrongful death claim and sue the defendant for their actions.

Incorrect Property Upkeep

Consider the situation when a worker dies because of their employer’s negligence. Employee deaths are due to malfunctioning equipment, slippery floors, or even faulty property structures. The victim’s relatives can file a wrongful death claim if the employer is at fault for their worker’s demise.

Medical Malpractice

When medical professionals like doctors fail to perform a correct diagnosis leading to a person’s death, they can face a wrongful death lawsuit. A wrongful death claim also applies to unlicensed medical practitioners who perform a surgery leading to the end of their patient. 

Automobile Accidents

If a person dies due to a road accident, then their relatives can file a wrongful death claim. However, they can only file a claim if the investigation discovers that it is the other driver’s fault. A wrongful death claim applies if the driver causing the accident behaves negligently while driving their vehicle. 

Conclusion

Wrongful death is a type of lawsuit where the relatives of a victim can file against the person at fault. Many wrongful death cases apply to criminal activity, medical malpractice, employer negligence, and automobile accidents. In the US, the eligibility for filing wrongful death can vary in each state.