Wrongful Death Claims: An Overview

by Matt Kakuk I am a writer.

The death of a loved one is a difficult and painful event for a family. It leaves a gaping hole in the hearts of those who were close to the departed soul. The situation becomes all the more heartbreaking if the death is a result of carelessness of someone else. While you cannot bring back someone who has passed away, you can sue those who failed in their duties and seek compensation for your loss. For that, you need to file a wrongful death claim.

What is a Wrongful Death?

A wrongful death happens when a person dies because of negligence or misconduct of someone else. A wrongful death lawsuit allows the family members to seek justice for the deceased person and also seek damages, which include lost wages, lost companionship and funeral costs.

A wrongful death attorney on behalf of the survivors of a deceased person can file a wrongful death claim. The survivors generally include immediate family members of the deceased like spouses and children. Adopted children of the deceased can also file for a wrongful death claim.

There are several causes of wrongful deaths. Some of the primary ones include car and motorcycle accidents, medical malpractice, property liability, exposure to harmful substances, defective products, slip & fall etc. Among all, car accidents are the most common causes of wrongful deaths. Most car accidents are a result of rash driving that leads to car crashes. If the driver is found to be over speeding or driving under the influence of alcohol, he can be sued for wrongful death.

Similarly, medical malpractices can result in wrongful death of a patient. Mistakes during surgery, wrong prescriptions, wrong diagnosis or failure to diagnose a condition are some of the common causes of wrongful deaths. Fatal accidents can also happen at work. In manual and construction jobs, in particular, the accident rate is quite high. At times, the employers fail to provide a safe working environment for their workers, which results in accidents and deaths. In such cases, the survivors can hire wrongful death attorneys and bring a lawsuit to sue the guilty party.

However, a wrongful death claim can be successful only if the following four elements are proven in the court:

Carelessness and Negligence

It must be proven that the death occurred because of negligence and carelessness of the defendant.

Breach of Duty

It must be proven that the defendant owed a duty, which they failed to fulfil, to the deceased person. For example, in a hospital, medical personnel have a duty to take care of the patient.

Causation

It must be proven how the negligence of the defendant resulted in the death of the person.

Quantified Damages

The damages sought by the survivors must be clearly quantified. Medical expenses, loss of current and future income, funeral expenses and other costs should be taken into consideration.

When it comes to filing a wrongful death claim, the first step is to hire reliable and experienced wrongful death attorneys. At times, proving a wrongful death can be quite challenging. A solid strategy must be developed and quality evidence must be presented in the court. If you want to file for a wrongful death claim, you can get in touch with Bernstien Polsky's experts on 561-861-1818.