Losing a loved one is usually a traumatic experience. This is even more traumatic when it is caused by someone else’s negligence or deliberate actions. More than just the grief and loss you experience, your financial stability can be compromised.
In such tragic situations, it is only natural to seek justice and hold the responsible parties accountable. There is usually a legal right provided by the law for the families of the deceased to recover compensation when the death is a result of negligence. This is where a wrongful death lawsuit comes in.
However, this often involves a complex legal process and requires the specialized services of wrongful death lawyers.
Common Causes of Wrongful Death Claims
Not every death qualifies for wrongful death claims. This usually depends on the cause and circumstances surrounding the death.
Some of the most common causes of a wrongful death claim include:
Automobile Accidents
Automobile accidents are a leading cause of injury and death in the U.S. This registers an average of 118 deaths per day. In 2022, about 42,795 deaths were recorded, and Approximately 1.3 million worldwide. This is a result of reckless driving and disobedience to traffic rules. Such drivers are liable to be sued for wrongful death.
Bicycle Accidents
Motorcycling has a much higher risk of fatality during an accident. Records show that thousands of bicyclists are either killed or injured in the United States every year. About 1,000 bicyclist fatalities occur in crashes that happen on roads in the United States every year. Again, this type of accident mostly occurs when road users—drivers or motorcyclists themselves are reckless on the road.
Work-Related Accidents
Over 2 million people die of work-related accidents and diseases. Some workplaces are characterized by dangerous working conditions. In such environments, compliance with safety is expected to be high. Failure to do so and provide proper safety gear usually leads to casualty. The deceased families in such cases can make a wrongful death claim.
Medical Accidents
Medical mistakes have been observed to be one of the major causes of death after heart disease and cancer. Some medical practitioners are often reckless, thus leading to medical accidents. According to a study by John Hopkins, a minimum of 250,000 people in the United States die every year as a result of medical mistakes.
Who Can File a Wrongful Death Lawsuit?
Not everyone related to the deceased can file a claim for wrongful death. Depending on the jurisdiction of the state, there are certain people eligible for this action.
Immediate Family Members
Spouses, children, and parents are usually entitled to the first right to file a wrongful death claim. The spouses can sue for having lost a companion, and the children can recover for the lost guidance and monetary assistance. Where the deceased was single and childless, parents are now the ones to pursue the lawsuit.
Distant Family Members
In exceptional situations, other close family members, like siblings, grandparents, or other blood-related relatives, are allowed to file a claim for wrongful death. Nevertheless, the eligibility of distant relatives to institute such lawsuits varies from one jurisdiction to another.
Financial Dependents
Those financially dependent on the deceased may in some jurisdictions, institute a wrongful death suit. A party may still have a valid case if they can show any form of financial dependency on the deceased before passing.
Legal Representatives of the Deceased’s Estate
In some cases, the executor or personal representative of the deceased’s estate can sue in the name of the estate’s benefit. Legally, such an individual may claim compensation for any losses incurred by the estate, such as payment for medical bills and burial costs and loss of earnings.