April 28, 2023

What is a wrongful death case?

A wrongful death case is a civil lawsuit carried by the family or estate of a person who has died due to another party’s wrongful or negligent actions. Sadly, wrongful death cases are some of the most emotionally and legally complex personal injury cases an attorney can handle. Here is a quick summary of this type of personal injury case:

  • What causes a wrongful death case?

Wrongful death cases can arise from various circumstances, including medical malpractice, car accidents, defective products, workplace accidents, etc.

  • Who can file a wrongful death case?

Every state has different laws about wrongful death cases. In fact, immediate family members such as spouses, children, and parents can file a wrongful death case. Some states also allow grandparents, siblings, and relatives to file a wrongful death case. In addition, the estate could file the case if the deceased had no surviving family members. We recommend you check with your lawyer about your case.

  • Which damages can be recovered in a wrongful death case?

The family members or estate of the deceased can claim compensation for a variety of damages, including:

  1. Medical expenses related to the deceased’s injury or illness
  2. Funeral and burial expenses
  3. Loss of the deceased’s income and financial support
  4. Loss of the deceased’s companionship, love, and affection
  5. Punitive damages, which are meant to punish the responsible party for their conduct

How are wrongful death cases different from criminal cases?

Wrongful death cases are civil lawsuits, while the government brings criminal cases and can result in criminal charges, fines, and jail time for the responsible party. Also, in a wrongful death case, the burden of proof is lower than in a criminal case.

Do you think you might have a wrongful death case? Contact us today!