What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action filed when a person dies as a result of the negligence, recklessness, or intentional harm caused by another party. This type of lawsuit seeks compensation for the survivors of the deceased and can address both financial and emotional damages. In a wrongful death case, the surviving family members or representatives of the deceased person can pursue justice and hold the responsible party accountable for their actions.

If you’ve lost a loved one due to someone else’s actions, it’s important to understand your legal rights and options. Nothing can compensate for your loss, but financial compensation can at least relieve the burden of related expenses. In this post, we’ll explain the basics of a wrongful death lawsuit and how an attorney can help guide you through the process.

Wrongful Death vs. Personal Injury

While both wrongful death and personal injury cases arise from harm caused by others, there are key differences between the two. Personal injury lawsuits are filed by the injured person themselves, whereas a wrongful death lawsuit is filed by the surviving family members or legal representatives of the deceased. 

In a personal injury case, the plaintiff seeks compensation for their medical bills, lost wages, and pain and suffering. In a wrongful death case, the surviving family members may seek compensation for funeral expenses, loss of companionship, and the deceased’s lost future earnings.

Civil vs. Criminal Charges

It’s important to note the difference between a civil and criminal lawsuit surrounding a wrongful death. A civil lawsuit is focused on compensating the victim’s family for their losses, while a criminal case involves the government prosecuting the at-fault party for violating the law. Murder and manslaughter are criminal charges, but an unintentional death from negligence or an accident is a civil case. 

In some situations, both a criminal trial and a wrongful death lawsuit may occur simultaneously. For instance, if a person dies due to a car accident caused by a drunk driver, the driver may face criminal charges for DUI and also be sued in civil court for wrongful death.

Types of Wrongful Death Cases

Wrongful death cases can typically be categorized into two main types: negligence and malpractice. Negligence refers to accidents or errors caused by another party’s failure to exercise reasonable care. Malpractice, on the other hand, is usually intentional wrongdoing, though harm was not intended. 

Negligence: Accidents and Errors

A wrongful death caused by negligence happens when someone fails to take reasonable precautions to prevent harm, resulting in an accident or error. Common examples of negligence-related wrongful death cases include:

• Car accidents caused by reckless or distracted driving
• Defective products that malfunction and cause fatal injuries
• Slip and fall accidents that occur due to unsafe conditions on someone else’s property
• Animal attacks, especially when a pet owner fails to properly control their animal
• Workplace accidents, including construction site fatalities caused by unsafe conditions

In these cases, the responsible party’s failure to act with care or follow safety protocols leads to tragic consequences for the victim and their family.

Medical Malpractice

Medical malpractice occurs when a healthcare provider’s mistake leads to a patient’s death. This can include errors in diagnosis, medication mistakes, surgical errors, or failure to provide appropriate care. While medical negligence is simply a failure to meet the expected standard of care, medical malpractice involves more egregious errors that directly harm the patient.

For example, if a doctor performs surgery without taking the proper precautions, that could be considered medical malpractice. However, accidentally prescribing the wrong medication dosage would more likely qualify as negligence. The two primary differences are whether the mistake was made knowingly and what level of harm resulted.

Who Can Sue and Be Sued for Wrongful Death

When it comes to filing a wrongful death lawsuit, the right to sue is typically reserved for close family members of the deceased or a personal representative. Most wrongful death claims are filed by:

• Spouses
• Children
• Parents 
• Siblings 

Almost any individual or entity can be sued for a wrongful death they caused. Some entities have immunity, such as certain government employees. Common defendants in wrongful death lawsuits include:

• Drivers involved in car accidents
• Manufacturers of defective products
• Pharmaceutical companies responsible for dangerous drugs without adequate warning
• Medical professionals such as doctors, nurses, and hospitals
• Property owners who fail to maintain safe conditions on their premises
• Government agencies responsible for maintaining safe roads and other public areas

How a Wrongful Death Attorney Can Help

A wrongful death attorney plays a crucial role in guiding the surviving family members through the complex legal process. Here’s how Capital Injury Law can help:

• Gathering Evidence: Your lawyer will investigate the circumstances surrounding the death and collect evidence to support the case. We’ll handle the extensive paperwork, phone calls, and document digging so you don’t have to.
• Building a Strong Case: Our attorneys work to build a compelling case by interviewing witnesses, hiring experts, and preparing legal documents.
• Negotiating with Insurance Companies: Insurance companies often try to settle cases quickly outside of court for lower amounts. Your lawyer will negotiate to ensure you receive fair compensation.
• Representing You in Court: If a fair settlement can’t be reached, your attorney will represent you in court to fight for your rights and secure justice.

By working with an experienced wrongful death attorney, you can focus on grieving and healing while they handle the legal complexities of your case.

Schedule a Free Consultation Today

If you’ve lost a loved one due to someone else’s negligence or wrongdoing, don’t wait to seek legal counsel. At Capital Injury Law, we understand how difficult this time can be, and we’re here to help you navigate the legal process with compassion and expertise. Contact us today for a free consultation, and let us help you get the justice and compensation you and your family deserve.