Wrongful Death: Elements of a Case

Any number of circumstances can lead to wrongful death.  Typically, automobile accidents, construction accidents, medical malpractice, other employment related injuries, and criminal actions are the most common causes of wrongful death. 

If you are a family member of someone that has died due to malpractice, negligence, or the wrongful actions of another, you can file a wrongful death lawsuit against the negligent parties.  Granted, filing a lawsuit can never replace a lost loved one, but holding others responsible for this death is important to you as the family, but also, any other victims that may suffer in the same manner in the future.  Damage awards in wrongful death cases can include lost earnings, funeral costs, and prior medical costs, which are essential if a family has lost their main income earner due to negligent circumstances. 

The Elements of a Wrongful Death Claim

Throughout the United States, thousands upon thousands of wrongful deaths happen.  Composing a legal case for a wrongful death claim requires family members of the victim to show:

• An individual related to them is indeed deceased
• The decedent’s death was caused by negligence
• Living family members suffer damages due to their losses

Frequently, wrongful death claims will arise following medical malpractice incidents, work accidents, criminal actions against the victims, car accidents, and deaths when under the  supervision of other responsible parties.

The CDC notes that accidents and injuries due to accidents are the 5^th highest cause of death in the U.S.  In every case of wrongful death, there was some negligent individual or entity that contributed to the death of your loved one, which left you in a terrible situation.  Not only does the loss take its toll emotionally for a lifetime, but also realistically, many families with dependants are left without income, huge funeral expenses, medical care expenses, and other damages, all while still grieving for their lost loved one.   An attorney can review and investigate the specific details of your loved one’s death to determine if it is appropriate to file a wrongful death suit.