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What is wrongful death?

On Behalf of | Sep 17, 2023 | Wrongful Death |

Wrongful death is a deeply tragic and emotionally charged legal matter that arises when a person’s death occurs as a result of another party’s negligence or intentional actions. According to the Centers for Disease Control and Prevention, unintentional injury deaths is the 4th leading cause of death in the United States.

While not every accidental death is a wrongful death, many of these cases will meet the criteria. Anyone who has lost a loved one due to the actions of another person should understand their rights to make a wrongful death claim.

Wrongful death defined

When someone loses their life due to the negligence or misconduct of another, it is a wrongful death. This legal framework exists to hold those responsible accountable for their actions. It also allows surviving family members the ability to seek compensation for their loss.

Important points of a wrongful death claim

The key element in wrongful death cases is to establish liability. Individuals must prove that the person or entity acted negligently or intentionally, leading to the death of the victim. This negligence can manifest in various forms, such as medical malpractice, automobile accidents, workplace accidents or even criminal actions.

Wrongful death cases can be challenging to navigate. They often require negotiating with the responsible party’s insurance. The burden of proof lies with the surviving family members, who must demonstrate that the defendant’s actions directly led to the death of their loved one.

Additionally, wrongful death cases have a statute of limitations, which means there is a specific window of time within which individuals must file a lawsuit. Failing to file within this timeframe will result in the court dismissing the case.

Outcomes of a claim

One of the primary goals is to provide financial compensation to the surviving family members who have suffered due to the loss of their loved one. This compensation can help cover various expenses, including funeral and burial costs, medical bills related to the deceased’s final moments and lost income or financial support that the deceased would have provided.

While no amount of compensation can truly replace the loss of a loved one, wrongful death lawsuits aim to provide a sense of justice and accountability. Holding those responsible accountable for their actions can help prevent similar tragedies from occurring in the future.