When to File a Wrongful Death Lawsuit

Wrongful death claims are filed when a person dies due to someone else’s negligence. These lawsuits help the grieving family by compensating for medical and funeral expenses, damages, and pain.

Unintentional injuries that lead to death are the 4th highest cause of death in the United States.

According to the National Safety Council, the number of unintentional, preventable deaths had increased about 5.3% between 2016 and 2017 — approximately 169,963 preventable deaths. This was the highest number ever recorded in the history of the United States. You’d be surprised to know that a U.S citizen dies a wrongful death every three minutes.

Immediate and distant family members, life partners, and financial dependents can file a lawsuit. This blog will explore when it’s applicable to file a wrongful death lawsuit.

When Someone Kills the Victim Intentionally

If one party intentionally kills the other, a wrongful death lawsuit may apply. If the defendant murders their victim, they’d definitely be tried and charged in the criminal court. However, they can also be taken to the civil court for wrongful death by the victim’s surviving family.

Wrongful death is represented by the civil court, which is separate from the criminal court.

When the Victim Dies due to Medical Malpractice

Approximately  98,000 Americans are killed every year due to medical malpractice.

The victim’s surviving family can also file a lawsuit for wrongful death due to medical malpractice. If a patient dies because their doctor was unsuccessful in properly diagnosing a condition, or if they were negligent in any way, they can be charged with a wrongful death lawsuit.

The surviving family can also file a lawsuit against other medical care providers responsible.

Car Accidents Due to Negligence

If a victim was in an automobile accident and died due to injuries sustained in the accident, the grieving family can file the negligent driver for a wrongful death lawsuit.

Negligence includes; driving under the influence of alcohol, drug-impaired driving, neglecting traffic laws, and general reckless driving.

The plaintiffs who’ve filed the wrongful death lawsuit must prove willful negligence to hold the defendant liable in court. Wrongful death lawsuits must be filed within the time constraints as described by the statute of limitations.

Providing proof in a wrongful death lawsuit can be a complex and difficult process.

If your family has felt the loss of a loved one due to someone’s negligence and you’re seeking help from a law firm in Van Nuys, or you’re looking for attorneys in Los Angeles, let our experienced lawyers help you. We’ll make sure to make a strong case in court in your favor.

Contact us today to book a free consultation.