Wrongful Death Negligence
No amount of money can match the value of loved one’s life, but filing for wrongful death negligence gives surviving family members a chance to receive compensation for their terrible loss.
If you have recently suffered the loss of a loved one, the following information can guide you as to what steps you can take.
Defining wrongful death negligence
Before you decide to file for wrongful death negligence, it’s essential to understand what this term entails.
A wrongful death occurs when a person or company causes the death of another person due to negligent or reckless actions. Those who are guilty of these actions can be sued for their negligence.
It is also important to keep in mind that these actions may have been intentional or accidental. An intentional wrongful death can be the result of intentional harm that ultimately leads to a person’s death, such as a blow to the head.
On the other hand, unintentional wrongful death may occur, for example, when a doctor misdiagnoses a person or fails to diagnose a patient’s illness, which is known as medical malpractice. Car accidents are also common examples of unintentional wrongful deaths.
Who can file a claim?
The purpose of suing for wrongful death negligence is to seek compensation for the loss of the surviving family members of the deceased
This is comparable to a personal injury case, where the person who has suffered harm, brings their claim before the court to seek compensation (damages) from the responsible party. However, in wrongful death negligence cases, this is up to the representative of the estate or certain family members of the deceased.
State statutes may differ as to what constitutes a family member. When pursuing wrongful death negligence, the person who files the claim must be:
- The spouse or putative spouse of the deceased
- The children of the deceased, stepchildren, or children of the putative spouse
If there is no other surviving member in the line of descent, family members such as siblings and parents can be entitled to damages
Furthermore, the person who claims wrongful death negligence must prove certain elements to have the case heard. These elements serve as general guidelines but might vary from state to state. These elements include:
- The actions of the defendant caused the death of a loved one, either wholly or partially
- The defendant caused the death of a loved one as a result of negligence
- The victim’s death has affected surviving family members
- The decedent’s death has resulted in monetary losses for the surviving family members
Seeking legal help
In wrongful death negligence cases, negligence must be proved by establishing that the defendant’s actions were careless, and there must be a direct cause and effect proven between the negligent actions of the defendant and the decedent’s death.
This process can be extremely complicated, which is why seeking the help of an attorney is your best bet to build a strong case and receive compensation for your loss.
More on Wrongful Death:
- What is an Accidental death attorney?
- What is an accidental death lawyer?
- Why You Need the Best Wrongful Death Attorney
- Unlawful Death Lawsuits in California
- What You Should Know Before Filing for Wrongful Death
- 3 Common Types of Wrongful Death Claims
- Wrongful Death Damages You Can Recover
- California Wrongful Death Law - Top things you should know
- Wrongful Death Lawsuit vs. Murder Cases
- The Basic Elements of Wrongful Death Litigation
- Finding the Best Wrongful Death Attorney
- How a Wrongful Death Claim Works
- Pursuing Wrongful Death Settlements
- Recoverable Wrongful Death Damages in California
- Seeking Wrongful Death Settlements
- Suing for Wrongful Death in California
- What is a Wrongful Death Lawyer?
- Who can be awarded Wrongful death damages
- Who Can File a Wrongful Death Claim?
- Wrongful Death Damages
- Wrongful Death Negligence: the basics
- Receiving and Distributing Wrongful Death Settlements
- A Brief Overview of the Wrongful Death Litigation Process
- Available Defenses against Wrongful Death Lawsuits
- Quick Q&A on Wrongful Death Litigation
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.