What is "Wrongful Death" and Who Might Be Involved?
You might have heard the phrase “wrongful death” but you are not sure what it means or if it applies to your situation or not. Wrongful death usually comes with a lawsuit and compensation for the family or loved ones whose relatives died.
This guide will cover exactly what wrongful death means who is involved in the lawsuits and other legal situations that come with wrongful death lawsuits.
What is Wrongful Death?
Wrongful death is when someone is killed because of the misconduct or negligence by someone else. Any surviving members of the family can sue the person for wrongful death on behalf of their family member.
When you file a wrongful death lawsuit, it’s considered to be a civil lawsuit because it’s a type of personal injury lawsuit. When there is a wrongful death, there is almost always a criminal charge and trial as well.
Wrongful Death and Criminal Charges
If someone is found liable for a wrongful death, they can also be tried in a court of criminal law. This is because a wrongful death causes a loss of life and someone needs to be responsible for it.
Criminal charges might include things linked to murder or other circumstances depending on how and why the person died.
Who is Involved in Wrongful Death Suits?
There are many different people involved in wrongful death suits. The most important people involved are the deceased person’s relatives because they are the ones filing the lawsuit. One of the relatives has to be appointed as the personal representative of the lawsuit which is usually the person’s spouse or another family member.
Whoever the personal representative is for the case also needs to file many different claims including a personal injury claim, claims for the person’s pain and suffering, and also file claims for expenses incurred because of the decedent’s death. This most often includes medical bills that the family is not responsible for paying.
Other people involved in the wrongful death suit include the person who caused the death because of their negligence or misconduct. There are several different witnesses from both parties that are also involved as they will need to be present during the trial to tell their eyewitness accounts and present any evidence that they might have.
Lawyers for both parties are also involved. They will be at the trial to present evidence and argue on behalf of their client. Lawyers will also work for their clients before the trial to help prepare statements and to go over the evidence and the claims.
What Does a Wrongful Death Lawsuit Include?
If you have a relative who has passed away because of someone's negligence, you might want to meet with a lawyer and discuss your options for filing a wrongful death suit and seeking compensation for your losses.
In order for you to file the lawsuit though, you have to be able to present the following things:
Damages: This means you have to show damages that were directly caused by the death. Your attorney can help you find ways to measure the damages and present them to the court.
Causation: The death needs to be proved to be a direct cause because of someone’s misconduct
Duty: This is the duty that is owed to the plaintiff to give them reasonable care
Breach of duty: This is how another person acted or did not act because of a breach of duty
When Does a Wrongful Death Happen?
You might be wondering when a wrongful death happens and what is considered to be a wrongful death. A wrongful death is any time someone passes away because of a direct result of someone else’s negligence.
They most often happen in the following scenarios:
Accidents whether it be car or plane
Medical malpractice that can result in a person’s death
Criminal behavior
Toxic torts
Criminal behavior
Exposure to hazards in the workplace
Product liability
Filing for Damages and Compensation
The lawyers involved in your case will be the ones to help you with filing the appropriate damages and compensation. Most of the time, you will be able to file for compensation for lost services, medical expenses, funeral expenses, loss of support, and loss of inheritance or any money you might have gained in the future because of the person’s income.
You will be able to receive compensation for all the financial losses you have experienced. These include things like money you spend paying back medical bills and any other expenses directly related to the death of your loved one.
Different Types of Wrongful Death Lawsuits
There are a few different wrongful death lawsuits that you can file. If you are not sure which one applies to your case, you need to consult with a lawyer and ask for their guidance.
Intentional
This is when someone has intentionally killed the other person including by battery, assault, or murder.
Malpractice
This most often happens in instances where a doctor does not show the proper care to their patients and as a result, the patient dies.
Negligence
This is when the other party has negligently caused the death of someone. There are many different cases that will be filed under negligence including:
Deaths from construction accidents
Cases where someone has slipped and fell
Attacks from animals including dog bites
Deaths caused by someone using a defective product
Deaths caused by accidents in planes, cars, or trains
The Bottom Line
As you can see, wrongful death cases and lawsuits can get complicated especially if you are trying to work without a lawyer. If you want to seek compensation and file a lawsuit on behalf of your relative or loved one who has passed away, it’s best that you partner with a wrongful death attorney in Denver because they can file the paperwork for you, represent you in court, and ensure that you are getting the right amount of compensation.
Wrongful death happens when someone causes the death of someone because of their misconduct or negligence. There are many people involved in wrongful death lawsuits including the loved ones of the deceased, lawyers, and the person that caused the death as well as witnesses.