Wrongful Death Claims

Anyone who has ever lost a loved one would probably agree that any death is, to some degree, wrongful. However, under personal injury law, the phrase "wrongful death" is used to describe any death that results from the negligent or wrongful actions of another party and which could have been prevented if that party had behaved with due care. In most wrongful death cases, only immediate family members are eligible to recover compensation for the loss of their loved one; however, exceptions can be made by courts depending on the circumstances of the case.

Causes of Wrongful Death

It should be noted that wrongful death lawsuits can arise out of nearly any type of accident, as long as negligence was involved. For example, if a patient dies due to a surgical error, or a newborn dies due to improper delivery by the birthing physicians and nurses, a wrongful death lawsuit may be built upon a foundation of medical malpractice. Likewise, if a motorist is killed in a collision with a large commercial truck that was being operated by a drunk driver, family members of the victim may be entitled to compensation for the wrongful death. Wrongful death cases also commonly arise out of product liability, premises liability, and other personal injury claims.

Damages in a Wrongful Death Case

The families of wrongful death victims are often able to recover the same sorts of damages as are commonly awarded in other personal injury cases, including compensation for medical costs, lost wages, and pain and suffering. They may also be entitled to compensation for losses and expenses directly related to the death, including funereal costs, loss of future wages, loss of support and companionship, mental anguish, and loss of consortium. If the wrongful death was caused by an egregiously negligent act, additional punitive damages may be awarded, with the intention of punishing the defendant.