How Does a Wrongful Death Lawsuit Work?

A wrongful death claim is a type of personal injury lawsuit that is brought against an individual or a party for causing someone's death either negligently or intentionally. This type of claim is usually filed by a representative of the deceased, on behalf of surviving family members and other affected parties, against the party legally liable for the death.

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of the negligent or harmful action(s) of somebody else.

In order to hold the defendant liable in a wrongful death claim, the plaintiff must meet the same burden of proof that the victim would have had to meet had he or she been alive. The plaintiff, therefore, must show that the defendant owed the deceased a duty of care, the defendant breached that duty and the breach of duty was the cause of death.

There are different categories of losses for which a survivor of the deceased might be able to recover compensation in a wrongful death case. The following are some of them:

·         pre-death pain and suffering of the deceased

·         medical costs incurred by the relative of the deceased as a result of the injury prior to his or her death

·         funeral and burial costs

·         loss of the deceased person's expected income

·         loss of care, guidance and nurturing that the deceased would have provided

·         loss of love and companionship

·         loss of consortium