How to Know If You Have Grounds for a Wrongful Death Lawsuit

Wrongful death lawsuits occur when someone dies because of another person’s negligence or intentional misconduct. These claims are civil and separate from any criminal proceedings that may also be involved. A wrongful death lawsuit is designed to provide financial compensation to surviving family members for their loss.

In many cases, unintentional injuries that cause fatalities are preventable and can be grounds for a lawsuit. If you’ve lost a loved one and are wondering if you should file a wrongful death lawsuit, here’s what you need to know about fault, causation, damages, and eligibility.

Can you prove negligence and misconduct?

Negligence is the foundation of every wrongful death claim. Negligence occurs when someone fails to exercise reasonable care that results in harm. However, establishing negligence requires more than an opinion. Consulting a wrongful death attorney will give you clarity on whether the facts of your case meet the legal definition of negligence.

Generally speaking, negligence typically involves preventable mistakes like distracted driving, unsafe working conditions, and medical mistakes. For example, when a driver doesn’t follow traffic laws and causes a fatal crash, that might be considered negligence. Another example would be a construction company that knowingly issues defective protective equipment that fails during an incident and kills a worker. In this case, the employer would be liable.

Some wrongful death claims involve behavior that goes beyond carelessness, like drunk driving or physical assault. These situations can result in both criminal charges and a civil wrongful death claim.

The main question is whether the death was preventable. Usually, a preventable death indicates liability. If a fatality could have been avoided through reasonable safety precautions, there’s a chance legal liability exists.

Once negligence has been established, the next step is to prove that a duty of care has been breached.

Can you prove causation?

Next, you’ll need to demonstrate that the negligent act directly caused the death. If the death wouldn’t have occurred otherwise, that indicates you have a case.

Proving causation in a medical malpractice case usually requires expert testimony that supports the notion that the physician deviated from the medical standard of care. In car crashes, experts will reconstruct the scene to get a good idea of what really happened.

In some cases, it’s argued that a preexisting medical condition contributed to the death, so you’ll need to show that the negligent action was the primary cause or a substantial contributing factor. Without being able to establish a clear connection, even obvious negligence might not support a successful claim.

Is there evidence to support your claim?

Having strong evidence is critical for winning a wrongful death lawsuit. You’ll need evidence like police reports, a report from the medical examiner that documents the cause of death, witness testimony, and documented prior violations that establish a pattern of negligence.

Who can file a wrongful death claim?

Eligibility differs by state, but it’s generally limited to certain family members like spouses, children, and parents. In some states, extended relatives, dependents, and estate representatives can also file a claim. In any case, spouses and children are prioritized. When you consult an attorney, they’ll tell you if you qualify.

What types of damages can be recovered?

Wrongful death lawsuits seek compensation for measurable economic and non-economic losses suffered by surviving family members. These damages address the financial and personal loss that follows a death. For example, you can seek compensation for medical bills and burial costs, lost income, and loss of companionship. You might also be able to recover damages for loss of future earning capacity and punitive damages if the death was caused by especially reckless behavior.

Are you within the statute of limitations?

Every state has a deadline for filing a claim. If you miss the deadline, you won’t be able to file, even if you have a strong case. Most states require a wrongful death case to be filed within two years. In some situations, the clock only starts ticking when the cause of death is discovered. If you’re filing a claim against a government agency, you generally have a shorter window of time.

Don’t hesitate to pursue a wrongful death lawsuit

Figuring out if you have the legal grounds to file a wrongful death lawsuit is easy when you consult a lawyer. When the evidence suggests the death was preventable, filing a claim can provide you with financial support and legal accountability. 

If you think you might have a case, consult an experienced wrongful death attorney to assess your options and help you make the right choice.