Losing someone you care deeply for is one of the most challenging experiences anyone can go through. However, the pain is compounded when the death is caused by the negligence or intentional act of another person. In such cases, the law recognizes the concept of wrongful death. This article offers an overview of what wrongful death is and the legal definition of the term.
What Is Wrongful Death?
Wrongful death is when a person dies due to the recklessness, negligence, or intentional act of another person or entity. The death could be because of a car accident, a defective product, a workplace accident, or any other incident where someone else is at fault. The purpose of wrongful death lawsuits is to hold the responsible party accountable for their actions and to compensate the deceased person’s family for their financial and emotional losses.
Who Can File a Wrongful Death Lawsuit?
Each state has its own laws regarding who can file a wrongful death lawsuit. Typically, immediate family members such as spouses, children, and parents are allowed to file a wrongful death lawsuit. Some states also allow siblings and grandparents to file lawsuits. However, distant relatives and non-family members are usually not allowed to file unless they can prove that they were financially dependent on the deceased person. This means if a husband is killed in a car accident where the driver was drunk, his wife or kids can file, but not his cousin unless that cousin was being financially supported.
If you are not sure whether you can file a wrongful death lawsuit, speak to us for advice.
What Are the Elements of a Wrongful Death Lawsuit?
To establish a wrongful death claim, the plaintiff must prove the following elements:
Duty of Care: The defendant owed a duty of care to the deceased person. For instance, a doctor owes a duty of care to their patients to provide them with competent medical treatment.
Breach of Duty: The defendant breached their duty of care to the deceased person by acting negligently or recklessly. For example, a driver who was texting while driving and caused an accident would be considered to have breached their duty of care.
Causation: The defendant’s breach of duty caused the death of the deceased person. This element can be challenging to prove in some cases, especially if there were other contributing factors to the death.
Damages: The plaintiff must demonstrate that they suffered financial and emotional damages as a result of the death. These could include medical bills, funeral expenses, or lost income.
What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?
The types of damages that can be recovered in a wrongful death lawsuit vary depending on the state and the circumstances surrounding the death. Generally, the following types of damages may be recoverable:
Economic Damages: These are tangible losses that can be measured in monetary terms, such as medical bills, funeral expenses, and lost income.
Non-Economic Damages: These are intangible losses that cannot be measured in monetary terms, such as loss of companionship, guidance, and emotional distress.
Punitive Damages: These are damages awarded to punish the defendant for their actions and to deter them from engaging in similar conduct in the future.
If you believe that you have a wrongful death claim, make an appointment with Scarlett Law Group today. Visit our office at:
536 Pacific Avenue, San Francisco, CA 94133
Call now for a free consultation on (415) 352-6264.