The grounds for a wrongful death lawsuit can include negligence, medical malpractice, and defective products. Dangerous property conditions, fatal vehicle crashes, certain workplace incidents, or intentional acts that cause someone’s death are also considered.
Have you lost someone you love because of another person’s actions? Trying to cope with the death of your loved one is hard enough. You shouldn’t have to attempt to hold the at-fault party responsible by yourself. Instead, let a wrongful death lawyer from Sweet James help you.
When Does a Death Qualify as Wrongful Death?
A wrongful death lawsuit is likely possible if someone dies because of another person’s wrongful act, neglect, or default and the person bringing the lawsuit is legally entitled to pursue the claim.
It identifies people who may be entitled to bring a claim, including the following:
- Certain surviving spouses
- Domestic partners
- Children
- Other eligible heirs or representatives
For a grieving family, however, the legal question is more complicated than simply asking whether someone else caused the death. The circumstances matter. So does the relationship between the deceased person and the surviving family members.
There may also be questions about insurance coverage, the deceased person’s financial contributions, and whether another legal claim exists in addition to the wrongful death action.
Sweet James can look at the entire situation and determine whether the facts support a claim rather than leaving your family to figure out the legal requirements on its own.
What Are the Main Grounds for a Wrongful Death Lawsuit?
Wrongful death claims can arise from many different circumstances. The underlying legal theory will depend on what caused the death and who may be responsible. For example, these are common situations that result in wrongful death lawsuits:
- Fatal car, truck, motorcycle, or pedestrian accidents
- Medical negligence
- Dangerous or defective products
- Dangerous conditions on private or commercial property
- Workplace-related incidents in circumstances where a civil claim is permitted
- Criminal or intentional conduct
- Negligence involving commercial vehicles or other businesses
The fact that an incident falls into one of these categories does not automatically establish liability. The family generally needs evidence connecting the defendant’s conduct to the death. That is where a wrongful death attorney can become especially valuable.
Sweet James can investigate the circumstances instead of relying solely on an insurance company’s explanation or an initial police report.
Can Negligence Lead to a Wrongful Death Lawsuit?
Yes, negligence can lead to a wrongful death lawsuit. In fact, it’s a rather common ground for wrongful death claims. A negligence-based case requires your attorney to prove that the following details are true of your case:
- The responsible party owed a duty of care.
- They failed to act as a reasonably careful person or entity would.
- Their failure caused the person’s death.
That can sound straightforward until you are dealing with an actual case. Imagine a driver speeding through an intersection and causing a fatal collision. Here’s what your family might need to establish:
- What the driver was doing
- Whether the conduct violated traffic laws
- How the collision occurred
- Whether that conduct caused the death
The same basic concept can apply to other situations, but the evidence will look different. A property owner may be accused of failing to address a dangerous condition. A healthcare provider may be accused of providing substandard care.
A manufacturer may be accused of selling a dangerously defective product. Sweet James can determine what duty applied, what evidence is available, and how to build the connection between the wrongful conduct and the death.
Who Can File a Wrongful Death Lawsuit?
Depending on what state you are in, either an eligible family member or a personal representative can file a wrongful death lawsuit. Potentially eligible plaintiffs include certain surviving spouses, domestic partners, children, and other specified heirs or representatives.
A family may have a spouse, children, parents, or other relatives who believe they have a right to participate in the claim. The law does not simply allow every person who knew the deceased to bring a wrongful death lawsuit. An attorney will know your local laws and can determine who can pursue a lawsuit.
What Damages Can Families Pursue?
In most states, a wrongful death claim is intended to address the losses surviving family members experience because of the death. It also identifies categories that can be considered in a wrongful death action. Depending on the facts, here’s what these often include:
- The financial support the deceased would have provided
- Loss of gifts or benefits
- Funeral and burial expenses
- The loss of companionship and support
The exact damages available will depend on the individual case. For some families, the financial impact can be immediate. The deceased may have been the primary source of household income.
For others, the loss may involve household services, childcare, companionship, or other contributions that are difficult to replace. Sweet James can gather financial and personal evidence to help demonstrate the extent of these losses.
To Understand the Grounds for a Wrongful Death Lawsuit, Call Sweet James Today
If you’re wondering what the grounds are for filing a wrongful death lawsuit after losing your loved one, Sweet James is the one to call. Home to an Experienced Trial Team Ready To Fight For You, we help families like yours understand their options during an otherwise difficult time.
As our client, you’ll Pay No Fees or Costs Until We Win. That’s part of our The Sweet James Advantage. In addition to working on a contingency basis, we provide free consultations. The sooner you call, the sooner we can give you Personalized Service Focused on You.
If someone you love died because of another person’s negligent actions or wrongful conduct, we can determine whether you have grounds for a lawsuit. Call now for legal advice from Real Lawyers. Real Results.
