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What Is Wrongful Death?

14 June 2018 by Kenneth Graham

If you have ever lost a loved one to natural causes, such as a grandparent, you know how difficult the mourning process can be. Loss of older people is to be expected, though, so it somehow makes it easier to grieve and move on. Losing someone due to the actions of another, however, can make moving on far more difficult. The overwhelming sense of loss and all the thoughts of what could have and should have been can become all-encompassing.

A successful wrongful death lawsuit can help facilitate the process. It's not because money will somehow erase the pain, but it can help to alleviate the pain and suffering of those who were left behind. For example, a young father who has been killed by an inattentive driver has left his wife and children struggling with not only their grief but also with the family finances as well. Here's a look at what you need to know about wrongful death suits.

What Constitutes A Wrongful Death?

In addition to accidents caused by negligence, wrongful death can also occur in cases of medical malpractice, such as a doctor who is negligent in properly caring for a patient's medical needs. Deaths in nursing homes where there have been safety violations or worse, abuse or neglect, are also common.

The family of people who have been murdered can also file a lawsuit against the killer, even if they haven't been legally convicted of the crime in a court of law. Death doesn't need to occur immediately, either, like in the case of someone who was battered but lingered in a coma for years before dying. Many different situations can apply in wrongful death suits, although a death that occurs in the course of one's job will usually be handled within the constraints of worker's compensation law.

Can Anyone File A Wrongful Death Suit?

No. Who can file is based on one's relationship to the deceased, and this varies by state. A spouse who has lost their other half may file, as can a parent who has lost a minor child. But the law begins to vary from state to state if it's not one of these family bonds. For example, a parent of an adult child who has died or the reverse, an adult child of a parent, may have a bigger burden of proof in some jurisdictions. More distant familial relationships, such as an aunt or grandparent, will be even more difficult. In some states, unmarried partners may be another gray area.

What Monetary Damages May Be Awarded?

In addition to what is commonly called pain and suffering, medical expenses, funeral and burial or cremation expenses, loss of income, and other losses may all be considered. An attorney experienced in wrongful death lawsuits in your state can provide more specific information.  

For more information, contact a company like Fitzsimmons & Vervaecke Law Firm.

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