What Are The Most Common Types Of Wrongful Death Cases?

Wrongful death is always a tragedy, but it can happen in many different ways. If a family member or loved one in your life has died because of the actions, or inaction of someone else, you may be in a position to file a wrongful death lawsuit – and eventually win compensation for damages.

Featured Image VIA

But how exactly do these wrongful death lawsuits work? And what are the most common types of wrongful death cases?

What Is A Wrongful Death Lawsuit?

A wrongful death lawsuit is filed against a party who is suspected to be responsible, through action or negligence, for the death of another party. If the other party is found to be responsible for the wrongful death, they’re going to be liable for paying damages to surviving family members or other closely associated individuals of the deceased.

In order to demonstrate that a wrongful death has occurred, a legal team must demonstrate:

Existence of duty. First, the legal team must establish that there was an existence of duty. In other words, the defendant must be demonstrated to have some sort of duty to the person who died. In some cases, this is obvious; a doctor has a legal and ethical responsibility to protect the life and health of a patient they’re treating.
Breach of duty. Second, the legal team must establish that there was a breach of duty. In other words, the defendant must be shown to have violated the established duty. For example, if a doctor has a duty to treat a patient in a reasonable way, and they don’t treat the patient in a reasonable way, they can be shown to have breached their duty.
Damage. Next, the legal team must establish that there were meaningful damages to the affected parties. One or more parties is deceased, but there are other damages to demonstrate, such as accumulation of medical bills and pain and suffering by surviving parties.
Causation. Finally, the legal team must demonstrate a causal link between the breach of duty and the damages that arose. In other words, if a doctor does commit medical malpractice, can you prove that the medical malpractice resulted in death?

There are many types of damages that you may win as compensation in a wrongful death case, such as:

Medical bills and related expenses. You should be entitled to compensation for any medical bills, costs of prescription medications, costs associated with therapy, and similar expenses.
Burial and funeral costs. In most cases, wrongful death lawsuits also seek coverage of burial and funeral costs.
Loss of income. Surviving family members are often entitled to compensation for loss of income associated with the wrongful death. For example, if a family of three was living on a single salary and the earner died wrongfully, the surviving spouse and child could seek replacement income, or a portion of what the deceased person previously earned.
Loss of consortium. Loss of consortium is the legal term for losing a familial relationship. Losing a spouse is about far more than just losing their income potential, and this type of damage attempts to quantify this.
Pain and suffering. Defendants may also be responsible for pain damages related to pain and suffering. It’s a way of quantifying emotional harm caused.

Types Of Wrongful Death Cases

These are some of the most common types of wrongful death cases:

Car and truck accidents. Car drivers and truck drivers have an obligation to drive safely, respecting the rules of the road to avoid injury and death. That’s why many negligent car accidents end up as wrongful death cases.
Medical malpractice. We like to trust our medical professionals and our medical system overall, so it’s surprising to learn that an estimated 400,000 patients die from medical malpractice every year. Mistakes during surgery, problematic prescriptions, misdiagnoses, and simple treatment errors can all result in wrongful death.
Workplace accidents. It’s also common for wrongful death suits to deal with workplace accidents. Most modern workplaces treat safety as a high priority, but even in relatively safe environments, negligence can cause death.
Defective products. Wrongful death suits also arise as a result of defective products; production errors, dangerous ingredients, and false advertising can kill.

What Should You Do If You Suspect A Wrongful Death?

If you suspect that a loved one in your life has died as a direct result of someone else’s actions or negligence, it’s important to talk to a lawyer as soon as possible. A wrongful death lawyer can help you understand the details of your case, provide you with genuine legal advice, and support you if you decide to file a lawsuit. Since most initial legal consultations are free, there’s no reason not to reach out.