Wrongful deaths are an American epidemic. More than 173,000 Americans died from unintentional injuries in 2019. That makes unintentional injuries the third-leading cause of death in the United States.
Families who lose loved ones may feel helpless. But they can push for a wrongful death lawsuit to cover their expenses.
When can a wrongful death lawsuit occur? What is the burden of proof that a plaintiff must meet? What can a plaintiff file for?
Answer these questions and you can file your wrongful death claim as soon as you are ready. Here is your quick guide.
Table of Contents
Applicability
Someone can file for a wrongful death claim after a person has died due to another individual’s action. There are several situations when this can occur.
Someone can file a claim after a relative of theirs was murdered. It can also occur after fatal car accidents due to negligence.
Medical malpractice occurs when a medical professional is careless in the care they provide. They may administer too much medication, or they may make a mistake during surgery.
Burden of Proof
To win a claim, a person must show several things. They must prove that the defendant has a duty of care. This means that they had an obligation to avoid harming someone.
They must then show a breach of that duty. In the case of a car accident, a driver may have been going too fast. This is a breach of duty because speeding can lead to an accident.
The plaintiff must also show a causal link. They must show that the breach of duty led directly to someone’s death. The driver was speeding too fast, which caused them to lose control and crash into the deceased person.
Filing Eligibility
All states impose limitations on who can file a claim. All states allow the survivors of the deceased person to file. This includes children and spouses.
Parents of minors can file a lawsuit, and minors can file a suit after their parent dies. Some states allow adult children to collect for their parent’s death, but the circumstances for lawsuits may be limited.
Extended family members may be able to sue depending on the state. Anyone who is curious should contact a lawyer near them, including a Miami personal injury attorney.
Damages
Wrongful death damages amount to cash payments. A plaintiff must show that the person’s death resulted in substantial monetary losses.
The most common losses involve medical treatment costs, burial expenses, and the loss of the person’s income. But a family can receive payment for “pain and suffering” if their loved one experienced extreme duress.
The Essentials of a Wrongful Death Lawsuit
A wrongful death lawsuit has a few main components. It occurs after someone died due to another person’s actions. It can come after a murder or accident.
The plaintiff must show a violation of duty and a direct connection between an action and death. Immediate family members file wrongful death claims. But some states allow more distant relatives to serve as plaintiffs.
Damages can be substantial. A family can receive money for pain and suffering in addition to medical bills.
A wrongful death claim is one way you can get justice. Learn about other lawsuits by following our coverage.
