How does a wrongful death lawsuit work?

Wrongful death lawsuits are specific types of cases that result from negligence or some intentional act. The individual’s estate or loved ones may file a wrongful death claim against the person or persons responsible for the event. Each state has its own specific guidelines for wrongful death. Still, these types of lawsuits are usually filed by the deceased person’s estate representative, on behalf of the person’s surviving family members. As we will see, the person who has the right to file this lawsuit varies by location.

Claim Qualification

Wrongful death does not arise in most situations where someone dies. The specific events leading up to a claim come from a victim who would have otherwise had a valid personal injury claim, but died as a result of that injury. Several situations present themselves as potential for these types of suits, including:

• Car accident deaths: Death can result from a car accident, where the injuries from the accident caused the death of someone
• Medical Malpractice – If someone dies because a doctor failed to diagnose a condition or provide proper care, then a wrongful death claim applies.
• Intentional Murder: If someone was intentionally responsible for taking another person’s life, that person’s estate could file a lawsuit.

Wrongful Death Proof

As mentioned above, if the person who died had survived, they would have been able to file a valid personal injury claim and seek legal help. The burden of proof is the same in this case, as the person filing the claim must prove that the negligent party was indeed responsible for the death of their loved one. The person’s death would then result in damages, both financial and emotional, to the victim’s family, and the settlement would take these elements into account when calculating compensation.

Presentation of the claim

While there are differences by state in filing this type of lawsuit, a spouse retains the power to bring the lawsuit against the negligent party for the death of their partner. In the case of minors, their parents or guardians are responsible for filing a wrongful death lawsuit. Each state has different rules for adult children filing claims for their deceased parents and parents seeking compensation after the death of their adult children. Extended relatives, such as grandparents or cousins, can file wrongful death claims in certain states, but not in others.