If a person dies due to the misconduct or negligence of another person or entity, the survivors may be able to file a wrongful death lawsuit. Although the accused may face criminal prosecution, a wrongful death lawsuit is a type of civil action that is separate from a criminal case, such as one for manslaughter or murder.
Here we will dive into wrongful death lawsuits and discuss the steps that can be taken to bring a wrongful death lawsuit into effect.
Examples of Wrongful Death Lawsuits
Wrongful death lawsuits can cover a wide array of areas and can be both intentional or unintentional. Some common examples of wrongful death lawsuits may include:
- Motor vehicle accidents, including ones involving distracted or intoxicated drivers that endanger pedestrians, cyclists, or other vehicles
- Unsafe products, such as dangerous toys for children or dangerous prescriptions
- Death caused by authority figures, such as law enforcement
- Workplace accidents, including occupations that involve dangerous manual labor and construction work
What Needs to be Proven?
For a defendant to be held liable for a wrongful death, a burden of proof must be met that shows the victim would have survived if the defendant did not breach his duty of care. Typically, the plaintiffs of a wrongful death lawsuit are relatives or partners of the victim or who represent the estate of the deceased.
Examples of this include parents of minors that were injured or killed due to another person or entity’s misconduct or neglect. State laws may also limit who can file a wrongful death lawsuit on behalf of the deceased.
What Damages Can be Awarded in a Wrongful Death Lawsuit?
There are a wide variety of damages that survivors may collect on behalf of the deceased. Some of the most common examples of the typical damages awarded in a wrongful death lawsuit can include:
- The cost of medical treatment that was needed after they were injured
- Loss of a person’s expected income
- Any funeral and burial costs as a result of the person’s unexpected death
- The loss of any inheritance as a result of the death
- And much more
How to File a Wrongful Death Lawsuit
The first step in filing a wrongful death lawsuit on behalf of a loved one is to speak to a qualified wrongful death attorney, such as the ones at Dishowitz Law. We understand the life-changing impact the loss of a loved one can have, and will fight to ensure that the people or entities responsible are held accountable. To receive a free consultation with one of our wrongful death attorneys, or to learn more, contact Dishowitz Law at (855) 236-3474.