Who Can Be Held Liable for Wrongful Death?

When you lose a loved one due to someone else’s negligence, state law generally allows surviving family members to seek money from the person responsible.

Filing a wrongful death lawsuit may seem like another burden after your loss. However, working with a lawyer experienced in wrongful death cases gives you the best chance of success. They can evaluate the strength of your case and represent you through the legal process.

Parties Who Can Sue for Wrongful Death

People allowed to file a wrongful death claim typically include:

• A surviving spouse
• Surviving children
• Other close relatives, like parents and siblings

For people with a will, state law typically allows the court to appoint a personal representative to file a wrongful death lawsuit on behalf of the estate and surviving family members.

Potential Defendants in a Wrongful Death Case

There can be a variety of defendants in wrongful death cases. The defendant is the person who you think caused your loved one’s wrongful death. A defendant could include:

• A person
• A corporation
• A government agency

Your wrongful death lawyer will conduct a thorough investigation to determine any potentially responsible parties. This puts you and your family in the best position to get the most compensation possible.

Legal Principles of Liability

A wrongful death suit is a legal action seeking financial compensation for someone else’s negligence that caused your loved one’s death. A “wrongful act” can include:

• Carelessness
• Recklessness
• An intentional act
• Criminal conduct leading to death
• Negligence

For example, to prove wrongful death due to negligence, you must prove:

• Duty: The defendant owed a duty of care to the decedent (your loved one)
• Breach of duty: The defendant failed to meet that duty of care
• Causation: The defendant’s breach caused the decedent’s death
• Damages: The defendant’s action resulted in damages

Proving Liability in Wrongful Death Cases

Liability for most wrongful death cases is similar to other personal injury claims. To recover damages, your case must prove “by a preponderance of the evidence” that the defendant’s wrongful act was the legal cause of your loved one’s death. This means that it was more likely than not that the defendant was liable for causing the death. This is different from the “beyond a reasonable doubt” standard used in criminal cases.

State wrongful death laws vary. However, the laws have common features, including what the plaintiff must prove in a wrongful death case. To prove liability, your case will likely require some combination of:

• Medical records proving the extent of injuries that caused the death
• Other physical evidence, such as photos of the accident scene
• Expert witness testimony about the cause of death
• Financial records showing the extent of your potential losses caused by your loved one’s death

Common Scenarios of Wrongful Death Liability

There are many types of accidents that can lead to a wrongful death lawsuit. Common causes of wrongful death can include the following:

• Car accidents or other types of motor vehicle accidents
• Medical malpractice by a medical professional
• Fatal accidents in the workplace
• Toxic torts, such as exposure to toxic chemicals
• Murder or manslaughter
• Death resulting from a product liability claim for a defective product

Damages Available in a Wrongful Death Case

In addition to proving liability for a wrongful death, the plaintiff must also prove damages. In a typical wrongful death case, compensation can be available for the following types of damages:

• Lost income
• Funeral expenses and burial expenses
• Medical bills

Insurance companies often provide coverage for the responsible party’s wrongful acts due to negligence. Your lawyer can negotiate with them to reach a wrongful death settlement. If you can’t come to a resolution, your attorney can fight for you in court.

Work With a Lawyer To Identify Liable Parties

If you’re considering taking legal action after a loved one’s death, speaking with a local wrongful death lawyer can help. An experienced lawyer can evaluate your wrongful death case and explain your rights.

A wrongful death case is often more complex than a typical personal injury case. So, you must have the best representation. This isn’t something you want to handle alone. Like most cases, wrongful death cases have a statute of limitations governing how long you have to file the lawsuit. Get in touch with an experienced lawyer today.