If someone you loved was killed in an accident, life can feel overwhelming. You may be overcome with grief, anger, and confusion. You may feel helpless and powerless — but there are things you can do.
You can file a wrongful death case to ensure that the at-fault party is held accountable and that surviving family members receive the damages they deserve. In some cases, you can even make sure the accident doesn’t happen again.
Wrongful death cases can help you seek justice for your loved one and create a better future for the surviving family and community.
What Is a Wrongful Death Case?
A wrongful death case is a legal action taken when a person or people have died as a result of the negligence of a person or business. It is an extreme type of personal injury case in that the negligence of the defendant resulted in damages and death.
There are four elements that are important to a wrongful death case. It will be the responsibility of the plaintiff to prove these elements.
- Negligence: You must prove that the accident was caused because a person or a business was negligent. You must show that a person or business was aware of an unsafe condition and failed to act to make it safe.
- Causation: You must prove that the negligence directly caused the death of the plaintiff.
- Damages: You must prove that the victim or their family sustained damages as a result of the accident. Damages may be monetary (such as medical bills, lost income, property damage, cost of funeral, etc.) or non-monetary (such as emotional trauma, loss of consortium or companionship, etc.).
- Breach of Duty: You must prove that the defendant had a duty to provide a safe condition for the plaintiff. For example, a motorist has a duty to drive safely and follow traffic laws in order to keep the road safe for other motorists and pedestrians. You must show that the defendant didn’t fulfill their duty to make conditions safe for others.
8 Common Examples of Wrongful Death Cases
Below find a list of the most common examples of wrongful death cases. Keep in mind that if your specific situation is not listed, you may still have a wrongful death case worth fighting for. Don’t assume that your case isn’t viable until you speak with an experienced wrongful death or personal injury attorney.
#1) Car Accident
If a driver’s negligence (reckless driving, failing to follow traffic laws, driving under the influence, etc.) caused an accident that led to death, there is cause for a wrongful death case.
#2) Trucking Accident
In accidents caused by a commercial truck or semi-trailer truck, the trucking company and the driver may be held responsible.
#3) Pedestrian Accident
Roadway accidents impact drivers as well as pedestrians. If someone near a roadway was stuck by a vehicle, it may be a potential wrongful death case.
#4) Aviation and Boating Accident
Aviation and boating accidents that led to the death of passengers or others in or around the plane or boat can be cause for a wrongful death lawsuit.
#5) Medical Malpractice
Healthcare professionals sign an oath to care for their patients to the best of their abilities. If they fail to live up to that standard (by providing inadequate care, failing to diagnose an illness, providing the wrong care, etc.), it can lead to a medical malpractice case.
#6) Workplace Accident
The owner or manager of a workplace is responsible for keeping the working environment safe for their employees. If an employee, contractor, or vendor is involved in an accident that results in death, it may be cause for a wrongful death case.
#7) Premises Accident
Owners of properties are responsible for keeping their property in good condition so it is safe for visitors. If they fail to meet this standard and someone is injured and dies as a result of unsafe conditions, they can be held accountable.
#8) Product Liability / Product Defect
Companies that create products and sell them to the public are responsible for ensuring the products are safe to use. If a product failed to work properly or did not include proper warning labels and caused the death of a customer, it may be a wrongful death case.
Do You Have a Wrongful Death Case Worth Fighting For?
If you lost a loved one due to an accident, you probably have a lot of questions. Don’t rely on generic advice or standard feedback about your case. Talk to an experienced wrongful death attorney who can give you insights based on the specific details of your situation.
Schedule your free consultation with TJ Grimaldi to discuss the specifics of your case so you can get answers to your questions and ensure you get the justice and damages you, your family, and your community deserve.
Schedule your free consultation or call 813-226-1023