Wrongful Death

A wrongful death can occur any time someone is injured by another person’s negligence or because of a defective product. Wrongful deaths can occur in many different situations including car accidents, medical malpractice cases, bicycle accidents, and workplace accidents. The decedent may also have been the victim of a crime.

A wrongful death lawsuit may be filed by a dependent family member who has suffered some type of financial or emotional loss as a result of the death. If one of your family members has died as a result of an individual’s negligent behavior or because of a defective product all states now have some type of recourse for the victim’s family. Immediate family members are the most likely recipients. This can include the spouse, children and sometimes the parent’s of the victim.

If one of your loved one’s has been killed in an accident and you would like to discuss your personal injury claim with a personal injury attorney who is familiar with wrongful death claims fill out the FREE evaluation form and a personal injury lawyer will contact you to discuss your wrongful death claim.

Proving the Wrongful Death Claim
In order to have a wrongful death claim their must be a death of an individual, the death must have been caused by the negligent or intentional acts of an individual or the product of a company. In addition, the family member must have suffered either emotional or financial loss. To prove your wrongful death claim you must have a preponderance of evidence. This standard of proof is similar to other personal injury claims. Product liability laws do not necessarily require negligent action be proven to recover damages.

Negligence
A person is considered negligent if they failed to exercise reasonable caution and as a result they caused an injury. The negligence could have been as a result of an action or inaction. In order to win your claim you must prove it was this failure or “breach of duty” which caused your injuries. This could be proven in a car accident, for example, if an individual broke a vehicular law and as a result they caused the victim’s death. Medical malpractice deaths are also often a result of negligence on the part of a doctor, nurse or other medical health professional.

Intentional Tort
If an intentional act caused the death of a loved on you may have cause to file a civil tort in addition to any criminal charges brought against the criminal. There are many intentional torts that result in death including murder and assault.

Defective Product
If the wrongful death was caused by a defective product you may be able to recover damages from the product manufacturer, manufacturer of parts, wholesaler or retailer who sold the product. Under strict liability laws for products you may be able to recover damages with out proving the manufacturer of the product was actually negligent.

Damages Awarded
Damages will usually be paid to compensate the victim’s family for financial losses. The amount awarded will be determined by examining relevant characteristics of the victim such as earning capacity, age, life expectancy, and parental responsibilities. Plaintiffs usually seek outside expert testimony from an economist to establish the amount the wrongful death claim should pay. Common financial compensation includes payment for:

Loss of support
Medical costs
Funeral expenses and all other costs related to death
Potentially lost inheritance
Future pension

Frequently in a wrongful death claim the amount the jury awards will be adjusted by the court. If the injury was a result of malicious behavior punitive damages may be assessed. State laws vary in whether punitive damages are allowed in wrongful death lawsuits.

Do I need An Personal Injury Attorney?
There are many issues to consider if a wrongful death has occurred. If a death has occurred in your family the last thing you are probably considering is a wrongful death lawsuit. It is important, however, if the death has been caused by the negligence of someone else that you contact a personal injury attorney to review and document all of the issues of the wrongful death case.

It is important to immediately gather all evidence related to the accident and begin the proceedings as soon as possible. Negligent parties should be held accountable for their actions and laws regarding filing a wrongful death claim will vary by state.

All civil actions have a statute of limitations in which you must file your claim. If you fail to file your wrongful death claim with in the statute of limitations you will permanently waive your right to recover damages. In most states the time is between 1 to 3 years.

Product liability laws also vary by state. Certain states do not allow claims to be brought if a product has been on the market and reached a certain age. Other states start the statute of limitations for the wrongful death at the time of the decedent’s death even if the family is not sure what caused the death.

It is important to talk to a personal injury attorney who is familiar with the laws of your state. A personal injury attorney can help gather evidence, hire expert testimony and present your wrongful death claim in court if necessary.