How a Wrongful Death Lawsuit Works

Updated on February 7, 2023

Accidental deaths are painful and traumatic for family members who have lost their loved ones. But if you’ve lost your loved one due to wrongful death, then there may be many other emotions as well, such as anger, bitterness, a sense of helplessness, and depression because of the unfairness of losing a loved one due to another’s negligence or misconduct. But then on top of dealing with the loss, you may have unexpected medical bills and be struggling to make ends meet if the person who was killed provided all or some of your income. You may be finding it very difficult for you to find the motivation to get up and go to work due to depression. This may be one of the most difficult times in your life, but a caring and compassionate wrongful death attorney in can help you retrieve the economic and non-economic damages that you are owed to help you with the financial burden that you are shouldering

What is a wrongful death lawsuit?

A wrongful death lawsuit is brought forward by the family members of the deceased, or a representative of the estate of the deceased victim, who would have otherwise have had a valid personal injury claim but was killed as a result of the defendant’s wrongful action. The surviving family members file a wrongful death claim against the negligent party for their actions or inactions that directly led to the loved one’s death. Wrongful death claims are a type of civil lawsuit that often result in financial compensation. 

The plaintiffs must meet the same burden of proof that the victim would’ve had to meet if the victim had lived. In a personal injury case, a plaintiff must prove that the defendant owed them a duty of care, that the defendant breached this duty, and that this breach of duty was the direct cause of harm. So in a wrongful death case, the family or representative of this state must prove that there was a duty of care that was breached that led directly to the victim’s death.

Common Types of Wrongful Death Lawsuits

Wrongful deaths can be caused by a variety of factors or situations. A common type is car accidents not just because of the sheer number of drivers on the road, but because of how often they are on the road. Negligent driving includes behaviors such as speeding, driving under the influence, or texting. But there are other common types of wrongful death cases:

  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Truck accidents
  • Pedestrian accidents

What To Look For In A Wrongful Death Attorney

Receiving a large sum of money in compensation for a wrongful death reflects your attorneys’ success in helping you get justice or the financial damages you deserved. 

You want to hire an attorney with a successful track record of winning their clients’ large settlements that will cover their expenses from the wrongful death, such as the funeral or medical expenses, while also being able to provide you a comfortable way of living after losing someone who would’ve provided an income had they not been killed. Many personal injury attorneys offer free consultations so you can talk to them and decide whether or not you want to work with them. It’s good to look at their track record and to read reviews.

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