Wrongful Death Claims Action Overview

According to Cornell Law School Legal Information Institute, a wrongful death claim is defined as “a civil action against someone who can be held liable for a death. Any tortious injury that caused someone's death may be grounds for wrongful death action. Under common law, a claim for wrongful death had to be brought by the decedent survivors (usually close relatives only) modern wrongful death statutes have modified that rule”. Therefore, a wrongful death claim is made where someone’s death was caused either negligently or through intentional harm. A wrongful death claim allows the deceased’s estate to file a lawsuit against the party or person who is legally responsible for the death. As noted in the definition, such a lawsuit is filed by a representative of the estate on behalf of surviving family members and other affected persons.

A wrongful death claim is applied where a victim who would have had a personal injury claim is killed due to negligence or intentional harm caused by the person responsible for the death. There are a number of situations which apply to a wrongful death claim:

--When a victim is intentionally killed - for example, when a person is sued for the murder of another, such a case is an intentional act.
--When a victim dies due to medical malpractice - if a doctor failed to diagnose a condition or is careless with respect to the level of care that he or she provides the patient and death occurs. Such is applicable for a wrongful death act against the doctor.
--Accident fatalities involving negligence - if a victim dies as a result of car accident or aircraft accident injuries, a wrongful death claim may be brought.

These are but a few examples of wrongful death cases resulting from personal injury.  Common wrongful death claims in Alaska arise from Alaska aircraft accidents, car accidents, motorcycle accidents, medical malpractice, defective product, pedestrian accidents and train accidents.

So as to hold the defendant responsible in a wrongful death claim, the person filing the claim must meet the same “burden of proof” that the victim would have had to meet had he or she lived. Therefore, there is need to prove one’s case.  For example, in a negligence case there is need to prove that the defendant had a duty of care to the victim and that the defendant breached that duty of care and that this breach directly or proximately caused the death and the death caused the damages that the plaintiff is trying to recover by bringing about the wrongful death claim. It must be noted that for each different type of wrongful death claim there are specific ways in which the plaintiff must prove the defendant’s negligence.

If you have lost a loved one in death as a result of a negligent action or omission of action by an individual or a company, seek out a law firm of renowned professionals to represent your interests and get the compensation you deserve for your loss.

For wrongful death claims lawyers, the author recommends the Crowson Law Group.