What is a Wrongful Death Lawsuit?
A wrongful death action is just another form of a civil lawsuit. The lawsuit seeks payment to the victim's family to compensate them for their monetary losses as well as for their pain and suffering. A wrongful death action may be brought when a person is killed because of the bad acts or negligence of another person, business, or entity. In these cases, it is usually the surviving members (mom, dad, child, spouse, etc.) of the victim's family who will bring the action.
A wrongful death lawsuit can be filed when a victim who would otherwise have a personal injury claim is killed. A wrongful death law suit can be brought due to a variety of situations, including:
- When a victim is intentionally killed. The most common example of this is when victims of crime die from criminal behavior. For example, OJ Simpson was sued for wrongful death for the murders of Nicole Brown Simpson and Ronald Goldman.
- When a victim dies as a result of medical malpractice. If a doctor failed to diagnose a condition, or if the doctor was careless in the level of care provided, and death resulted, then a wrongful death action can be brought against the doctor.
- Car accident fatalities involving negligence. If a victim dies as a result of car accident injuries, a wrongful death claim may be brought against the at fault driver(s).
- When a person is injured and dies on commercial premises (a business's property). If a business like a casino, apartment complex, hotel, or grocery store does not maintain its property in a reasonable safe manner, and an occupant or visitor dies due to the owner or manager's negligence, a wrongful death claim can be filed against the owner(s) and manager(s) of the property.
- When a person dies due to a dangerous or defective product. If a company sells and/or markets a dangerous or unsafe product, and the user dies as a result of negligence, a wrongful death claim may be brought against the manufacturer or marketer of the product. For example, the manufacturer of products that are sold for use by children, that are known to cause deaths in children, can be sued for wrongful death if they manufacturer was found negligent in making and selling these products.
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation.
Proving a wrongful death
For a party to be successful in a wrongful death action, the following elements must be shown:
- Someone has died;
- Because of another person, entity, or business's acts (intention or accidental);
- Family members who have missed out on money or lost money, and;
- A person who can represent the decedent's estate.
Proving wrongful death requires establishing numerous elements, and these are not easy cases that a lawyer with little to no experience can handle effectively.
If your loved one or family member died because of someone else's wrongful actions, our law firm may be able to help obtain justice for you and your loved ones, along with possibly making the at fault party pay you money for their actions!
our firm has been handling wrongful death lawsuits for decades.
we have the experience you need to win your case!
Call us today for a free consultation 702-258-3034.