Wrongful Death Cases

Personal Injury Law & Remedies for Lost Lives

Wrongful death claims are among the most severe types of personal injury claims because they concern cases in which a party has brought about the death of a victim either negligently or through intentional harm. Wrongful death claims allow the estate of the deceased victim to file a lawsuit against the party who is responsible for causing the death. Wrongful death claims can result in significant damage awards for the estate of the deceased, and the compensation for wrongful death cases can be distributed to a variety of different family members.

When Is a Wrongful Death Claim Applicable?

A wrongful death claim is applicable when a victim who would a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including the following:

When a victim is intentionally killed.

For example, OJ Simpson was sued for wrongful death for the murders of Nicole Brown Simpson and Ronald Goldman.

When a victim dies as a result of medical malpractice.

If a doctor failed to diagnose a condition and this failure led to death, for example, or if the doctor was careless in the level of care provided, causing the victim to die, then a wrongful death action can be brought against the doctor.

Car accident fatalities involving negligence.

If a victim dies as a result of car accident injuries a wrongful death claim may be brought.

Fatal injuries from defective products.

If a victim dies as a result of a defective product, like a car with faulty brakes or a bad drug that causes a heart attack, then a wrongful death suit against the manufacturer, wholesaler/distributor or reseller of the product may be brought.

Dog & animal attacks.

If a person is killed as a result of a dog attack the dog's owners may be sued.

Slip & fall - Premises liability accidents.

If an individual dies as a result of injuring him or herself at a premise because of the negligence of the premise's management, then a wrongful death claim may arise.

These are just a few examples of personal injury cases that can turn into wrongful death claims. Almost any situation in which a person causes someone else's death can potentially lead to a wrongful death action, although one notable exception exists for work injuries that result in death, which may be handled through the worker's compensation system.

What Has to Be Proven?

For a wrongful death claim to be brought, the plaintiff in the claim (the estate of the deceased victim) must meet the same burden of proof that the victim would have had to meet had the victim lived. This means showing that the defendant owed the victim a duty to be careful, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.

The type of duty owed is going to be different from case to case. Doctors, for example, have a duty of professional care. This means their medical care must be at least as skilled as any reasonable doctor would have provided in the same situation, both in terms of avoiding misdiagnosis and in terms of actively providing care. In a strict liability case, on the other hand, a plaintiff doesn't have to show negligence at all. He or she just has to show that harm resulted from the actions that the defendant are liable for. For example, in a product liability case, a defendant becomes liable if there is any defect in the product that harms the plaintiff, whether there was negligence involved in the defect or not.

Who Can File a Wrongful Death Claim?

A wrongful death claim obviously can be filed by the estate of the deceased victim. The proceeds from wrongful death claims filed by an estate may be distributed among family members, and some type of relationship is required for a family member to collect wrongful death damages for the party who was killed.

The exact nature of the relationship, and just how close that relationship must be between the victim and the living plaintiff, will vary. In all states, however, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of their parents at the defendant's hand. Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to show that you should be allowed to collect wrongful death damages.

Special Wrongful Death Damages

When a case is brought, the parties who are able to collect damages from it are entitled to a variety of different kinds of damages. Damages in a wrongful death claim include some damages that are direct losses to the deceased victim. These types of damages encompass payment for the following things:

• The medical costs that the deceased victim incurred as a result of the injury prior to the death. This includes the costs of testing, treatment, hospital visits and any other financial outlays that were necessitated by the injury.
• The funeral costs of the deceased victim that became necessary as a result of the death.
• In some cases, the pain and suffering of the deceased victim (if he or she experienced any such pain) can also be compensated for.

In addition to being able to collect the damages that the deceased victim could have sued for had he/she lived (like medical costs and pain and suffering), the family members/estate of the victim can also sue for some damages of their own that they suffered because of their loss. This is one of the major unique features of wrongful death claims because it recognizes that there is a loss to family members as well as to the victim. Damages that may be available, depending on the state and the relationship with the victim, include the following:

Lost wages/income

This is appropriate if it can be shown that the party in question would have benefitted from income of the deceased, had the deceased lived. For example, a spouse would have benefitted from the earnings of his or her spouse. This aspect of wrongful death damages can, however, be tricky in some cases. For instance, if a child dies, there are no lost income damages to his or her parents. In fact, the parents might actually achieve a net financial gain in such cases since they no longer have to support the child. This is one reason why wrongful death damages for kids sometimes isn't as high as for adults.

Loss of consortium/companionship

Loss of consortium, in some cases, refers to the loss of the special relationship between man and wife (i.e. loss of ability to have sex). However, in many cases, there is now simply a loss of companionship standard used, which provides compensation for a family member who suffers the loss of a loved one. This is designed to compensate people, as best as possible, for the loss of the deceased victim's company. Often, testimony is actually presented to show just how close of a relationship was shared and how "wonderful" a person the victim was in order to maximize the loss of companionship damages.

Emotional Distress

Emotional distress on the part of the victim arising from the loss must be proven, and there must be some evidence that the family member is actually suffering emotional distress that may be compensated for. Medical and expert testimony can be very helpful in allowing a plaintiff to recover damages for this as part of the wrongful death suit.

Punitive Damages

Finally, in addition to the types of damages specifically meant to compensate both the deceased victim and his or her living family members, there is another kind of damages designed to punish defendants. This is called punitive damages. Punitive damages are not available in all states or for all wrongful death actions. When permitted, such damages are often capped and/or are often awarded only in specific cases in which what the defendant has done is especially appalling and in which punitive damages are believed to be needed in order to act as a deterrent.

Wrongful death cases are high-stake cases in which a great deal of emotion and a great deal of money are often involved. It is always best to have a qualified and experienced lawyer who can assist you if you are considering bringing a wrongful death claim. The attorney can explain to you the specifics of the rules in your state and can help you to protect your rights and get what you deserve for the death of your loved one.

Next Steps

10. Comparative and Contributory Fault
11. Damages in Personal Injury Law
12. How to Value a Personal Injury Case

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