If someone you love dies in an accident, there is no amount of money or legal justification to make up for your loss. However, you may be able to file a wrongful death lawsuit, which is a civil suit against a negligent individual (or organization) whose actions caused the death. Wrongful death cases are essentially personal injury claims brought on someone else’s behalf.
Did You Know? Wrongful death lawsuits also apply in cases where intentional violence is involved. This civil suit can be filed even if there is also criminal prosecution.
When is a Wrongful Death Case Appropriate?
- Wrongful death claims are filed when a victim – who would have a personal injury claim – has died due to the defendant’s wrongful or negligent actions.
- A case may be filed when someone dies as a result of medical malpractice. If a physician fails to diagnose (or misdiagnosis) a condition or illness and a patient dies, wrongful death is applicable. It will also apply if the doctor acted carelessly while providing care, and the patient died because of it.
- Car accident deaths often lead to these claims.
A plaintiff can file a wrongful death claim in virtually any type of personal injury situation. Moreover, these claims may be filed by spouses or children of the deceased, including adoptive families.
People can pursue a wrongful death lawsuit if a loved one’s death results from someone’s negligent actions.
Exception: One exception to the wrongful death system is injuries that occur at the workplace. These situations typically require that the victim gains retribution through the worker’s compensation system.
Who Can Be Named in a Claim?
These lawsuits can be filed against individual persons, physicians and other medical professionals, corporations that manufacture products, and government entities. If you are unsure whether your case qualifies as wrongful death on its merits, be sure to call a local Sarasota or Tampa personal injury attorney. Because personal injury and wrongful death statutes vary from state to state, it is vital to find a local expert.
An experienced attorney will review the facts of your case to help you determine whether negligence occurred. Then, if filing is appropriate, your attorney will help you to move forward.
Establishing Wrongful Death
These types of cases are sometimes difficult to prove. First, the plaintiff must prove that an individual’s negligence caused the accident that resulted in death. It then must be proven that:
- The defendant had a duty of care toward the victim.
- The defendant breached their duty of care.
- You can establish a direct link between breaching the duty of care and death.
This process can be very complex depending upon the unique circumstances of each case. Loved ones can be compensated for the damage sustained in an accident. These damages may include:
- the victim’s “pain and suffering” before death
- medical expenses the deceased victim incurred
- funeral and burial expenses
- loss of income from the deceased person
- loss of inheritance
- the value of the services that the victim would have provided
- loss of care, guidance, and nurturing that the deceased person would have provided
- loss of love and companionship
- loss of consortium
If you have lost a loved one in an accident or due to someone’s negligence, we understand it is a challenging time. However, you should not feel bad about pursuing a case, resulting in being reimbursed for your loss. Probinsky & Cole are here to help. Call our attorneys today, and let’s discuss your situation and determine the most appropriate way forward.
