How Do Wrongful Death Lawsuits Really Work?

Wrongful deaths are some of the most tragic, difficult-to-navigate accidents that a person can find themselves exposed to. Understanding the complexities of wrongful death lawsuits can be incredibly difficult, especially if you’re already in the middle of dealing with the tragic, preventable loss of a loved one. To assist you during these difficult times, and to allow you to understand if your situation applies to a wrongful death lawsuit, here is a short, useful guide covering how wrongful death lawsuits really work:

When is an Accident Applicable for a Wrongful Death Claim?


Wrongful death claims are defined as claims that arise following situations where a victim who would have otherwise had a valid personal injury claim against a defendant, is killed as a result of the defendant’s wrongful action. These are tragic cases and lead to great emotional and financial harm to the loved ones of the person who is killed, and who is at the center of the potential wrongful death claim. There are several common situations where wrongful death claims become applicable, including:


When the victim is intentionally killed. The O.J. Simpson trial and other criminal cases involving assault, murder, or battery may result in a wrongful death claim. The wrongful death claim becomes a civil branch off of the criminal case, making them separate from the state’s claim against the defendant.


When medical malpractice results in a victim’s death. When a doctor fails to diagnose a condition, prescribes incorrect medication, or treats a patient negligently, the patient’s life can be put in danger. When this ends in the preventable death of a patient, medical malpractice lawsuits can be filed, and they can be filed in conjunction with a wrongful death lawsuit in cases involving death. The consequences for the involved medical professionals can go beyond this lawsuit, and could even cost them their medical credentials if the case is severe and negligent enough.


When a car accident involving negligence results in fatalities. Car accidents are tragic, sudden, and sometimes completely accidental (with no one at direct fault). However, many car accidents involve a party who was being negligent, and when these result in one or more fatalities, a wrongful death lawsuit can occur.


These are only a few examples of common accidents and negligent actions that can result in a  wrongful death lawsuit. Slip and fall accidents, defective products, and other incidents can also lead to a wrongful death claim. The professionals at www.rosenfeldinjurylawyers.com/wrongful-death-lawsuit.html can assist you in filing a wrongful death suit.


What Must Be Proven in a Wrongful Death Claim?


To hold a defendant liable in a wrongful death claim, the plaintiffs involved in the claim are required to meet the same burden of proof that the victim would have been required to meet had the victim lived through the tragedy. For example, proving that negligence has occurred requires that the defendant owed the victim a duty of care, and then failed to hold up this responsibility, leading to a breach of duty that directly resulted in the death of the person the plaintiff is seeking to recover damages for.


Proving negligence in a personal injury case can be complicated, but with the right legal assistance, you can navigate these difficult times in a way that will help you gain the restitution you deserve. There are thousands upon thousands of wrongful death lawsuits filed every single year across the United States, so the process for filing these claims has clear, consistent boundaries for you to follow.

Who Can Legally File a Wrongful Death Claim?


Many find themselves uncertain as to whether or not they can legally file a wrongful death claim for a deceased loved one. Typically, wrongful death claims are filed by a representative of the estate of the deceased victim and are filed on behalf of specific survivors that had a strong, definable relationship with the victim at the center of the wrongful death lawsuit.


Spouses have the right to bring a wrongful death lawsuit on behalf of their deceased spouse in every single state across the United States. Additionally, parents are capable of filing wrongful death lawsuits anytime their child is killed in a case involving negligence, or other forms of wrongful death. Other parties have potential rights to file wrongful death lawsuits for a loved one, but the legalities can vary wildly, so consulting a trusted legal advisor is recommended if you’re looking to file a wrongful death lawsuit.

You Can Get Through This


Anytime a tragic, preventable death occurs, it can cause serious financial and emotional harm to the victim’s loved ones. Getting a wrongful death lawsuit claim against the responsible parties can help you get back on your feet, and allow you to recover during these incredibly intense, difficult times. Reaching out to a trusted legal advisor is the first step, as they can help you determine if a wrongful death lawsuit is viable, and will give you the support you need to follow through on this trying process.

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