According to the CDC, approximately 224,935 unintentional deaths were reported in 2020. Where the tragic circumstances leading to the death resulted from another person’s negligence, surviving family members can file a wrongful death lawsuit.
This guide explores wrongful deaths from the definition to classifications and how to navigate the process.
What Is Wrongful Death?
Wrongful death is death caused by an individual or entity’s negligence, recklessness, or intentional actions.
The claimant must prove several things to recover compensation in a wrongful death claim; the defendant behaved negligently or intentionally, leading to the death. They must also show that the defendant’s actions or inactions caused the accident and the death resulted in compensable damages.
How Does It Differ From a Personal Injury Claim?
The main distinction between a wrongful death and a personal injury claim is the person filing the claim. In a personal injury lawsuit, the victim files the claim themselves or with the help of a lawyer. On the other hand, a wrongful death lawsuit is filed by family members of the deceased, dependents or estate representatives.
In both situations, the plaintiff can recover property damage, medical expenses, lost wages, and non-economic damages such as pain and suffering, psychological pain, emotional distress etc., especially if the deceased suffered before their death.
However, claimants in a wrongful death claim can seek additional damages specific to the death, such as funeral costs, loss of the deceased’s income, benefits, or inheritance, emotional distress suffered by the survivors, and loss of companionship, guidance, or protection.
Is Wrongful Death a Civil or Criminal Case?
A wrongful death is a civil case and deals with compensation for harm done rather than punishment, but it can accompany or be preceded by a criminal case. Still, the two operate independently, meaning a decision in one case does not necessarily impact the other.
In a criminal case, guilt must be proven “beyond a reasonable doubt.” In contrast, in a civil case, “the preponderance of the evidence” requires the plaintiff to show that the defendant is more likely responsible than not.
Who is Liable in a Wrongful Death Claim?
In a wrongful death claim, the liability typically falls on the party whose actions or inactions caused the accident. This party can be an individual, a company, or even an entity like a government department.
However, certain parties may be immune from wrongful death lawsuits. For example, some government employees may be shielded from litigation while performing their official duties or employees while on the clock under vicarious liability.
Getting a Lawyer Helps
Understanding who is legally liable in a wrongful death claim can be complex, so hiring a lawyer is crucial. A wrongful death attorney helps in many ways: identifying the responsible parties, collecting evidence, interpreting complex laws, handling paperwork, helping prevent mistakes, and building a solid case.
Lawyers also provide expertise in negotiating with insurance companies, presenting cases in court, and providing vital support and guidance during a challenging time. This allows the victims to focus on their healing while they work towards securing the rightful compensation they deserve sightwiki .
