How a Wrongful Death Lawsuit Works

A wrongful death claim is a personal injury lawsuit made when a person dies due to another party's negligence or intentional act. The claim is brought in a civil action, usually by close relatives. It allows the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. The suit is usually filed by a representative of the estate, on behalf of surviving family members and other affected parties.

You can file a wrongful death claim when a victim who would otherwise have a personal injury claim is killed due to a harmful act by the defendant. The reasons causing the wrongful death could be: intentional killing, medical malpractice, traffic accident, work injuries resulting in death etc. In cases of work injuries resulting in death, it is handled exclusively through the workers’ compensation system.

If you want hold the defendant liable in a wrongful death case, the estate of the deceased victim need to proove that it was the defendant’s fault. You need to be able to show that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.

In a wrongful death lawsuit, the spouse of the deceased can sue the negligent party. Parents of minors can also bring a wrongful death action in case their child is killed, and minors can be compensated for the death of their parents. Usually, the closer the familial relationship is, the easier it is to claim for wrongful death damages.

In wrongful death cases, you can claim two types of damages- Compensatory Damages is an award of money in compensation for actual economic loss, property damage, or injury associated with the loss of a loved one, including loss of companionship, funerary costs, the loss of income and future earnings of a loved one. Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts by holding them accountable for their actions.