When someone dies as a result of the willful or negligent conduct of another, it is referred to as a wrongful death. The legal concept of wrongful death allows survivors to sue the wrongdoer(s) in civil court for damages.
Wrongful death cases generally fall within the personal injury category of law. There are many types of wrongful death cases. Some result from car accidents, while others may be medical malpractice cases involving medical negligence or products liability. Individuals, companies, and certain government agencies can be sued for wrongful death.
Who can bring a wrongful death suit?
Wrongful death claims are brought by a representative of the deceased’s estate, usually by the executor, or a person who is responsible for settling the estate. The representative brings the action on behalf of the survivors of the deceased. The survivors must be interested parties, a term that will be defined statutorily in each state. The types of survivors who are considered interested parties will vary from state to state. Immediate family members, including spouses, children, and the parents of unmarried children are considered interested parties in every state. Some states will allow domestic partners, other relatives including brothers, sisters, and grandparents, or unrelated parties who have suffered a financial loss through the death.
What does a plaintiff have to prove in a wrongful death lawsuit?
There are four traditional elements to a wrongful death suit. The plaintiff must prove that all four elements were present for the death to be considered a wrongful death. The four elements are: