Wrongful Death: What Is It And How To File A Lawsuit

Wrongful death is something that can happen if someone close to you passes away and it wasn't because of natural causes. Wrongful death occurs when an individual has been killed by a person who was negligent or reckless in their behavior, like driving while intoxicated or leaving dangerous chemicals around children.

Each year, thousands of people die as a result of accidents or negligence. When this happens, the victim's family may be able to file a wrongful death lawsuit against the person or party responsible for the death. Wrongful death lawsuits can provide much-needed compensation to the victim's loved ones, but it is important to understand what exactly wrongful death is and how to file a lawsuit.

What Is Wrongful Death?

Wrongful death is a legal term that refers to the wrongful and intentional killing of another human being. It can also refer to negligent conduct that leads to injury or death, such as car accidents and workplace injuries. If you think someone died due to wrongful actions, it's important to understand how this type of case works before seeking help from a lawyer. To file a wrongful death lawsuit, you'll need to know when the person died, which state they lived in, and who is responsible for the damages. You'll also need to gather evidence that supports your claim about what happened during the event leading up to their death. It might sound confusing at first glance but there are many resources out there that can help you make sense of these questions such as talking to a wrongful death attorney.

What Constitutes Wrongful Death?

Many different circumstances can give rise to a wrongful death lawsuit, such as medical malpractice, motor vehicle accidents, toxic torts, manufacturing defects, or criminal activity. Each state has its own wrongful death statute, with its own criteria and procedure for bringing a wrongful death lawsuit. In some cases, there may be certain agencies that have governmental immunity from prosecution for wrongful death lawsuits.

Medical Malpractice

Medical malpractice, also known as professional negligence, is the act of a healthcare provider failing to provide an appropriate standard of care that results in injury, illness, or death to a patient. To prove medical malpractice, the injured party (or their representative) must show that the healthcare provider failed to meet the accepted standard of care in the medical community, that this failure resulted in injury or death, and that the injury or death was caused by the healthcare provider's negligence.

Motor Vehicle Accidents

While the term wrongful death can be used in a variety of contexts, it is most commonly associated with motor vehicle accidents. A wrongful death lawsuit may be filed by the family of a victim who has died as a result of someone else's negligence or recklessness.

To file a wrongful death lawsuit, you will need to prove that the defendant was negligent or reckless in some way and that this negligence or recklessness caused the death of your loved one. There are a number of factors that can be taken into account when determining negligence, including:

  • The driver's level of intoxication
  • The speed of the car
  • The condition of the car
  • Whether or not the driver was wearing a seatbelt
  • The weather conditions at the time of the accident

Manufacturing Defects

In cases of wrongful death, it's not always clear who is at fault. However, in some cases, the blame may fall on the manufacturer of a product. This can be due to manufacturing defects in the product that causes injury or death.

Manufacturing defects can occur in a number of ways. For example, a product may be defectively designed, meaning that it was not created in a way that made it safe for consumers. Alternatively, a product may be defectively manufactured, meaning that it was not made to the correct specifications. This can lead to problems such as defective parts or materials that can cause injuries or death.

How To File A Wrongful Death Lawsuit

If you've lost a loved one due to someone else's negligence or intentional actions, you may be wondering how to file a wrongful death lawsuit. The first step is to understand the basics of these types of cases and gather evidence that supports your claim. You'll also need to know which state the deceased lived in and who is responsible for the damages. Once you have this information, you can begin working with an attorney to build your case and get the justice your loved one deserves.

Filing a wrongful death lawsuit can be a complicated process, so it's important to seek legal help as soon as possible. The Mabra Law Firm has an experienced attorney that will be able to guide you through the process and help you get the justice you deserve.

Who Can File A Wrongful Death Claim?

Depending on the state, a wrongful death lawsuit must be filed by a representative on behalf of the eligible survivors who suffered harm from the decedent’s death. These survivors are called “real parties in interest,” and the eligibility of family members differs from state to state. In all states, spouses, children, and the parents of unmarried children may act as representatives to sue the negligent party. In some states, other people like putative spouses or financial dependents also may recover damages. In other states, siblings and grandparents can bring a claim.

Generally, the representative of the real parties in interest who is bringing the suit must prove a death caused by someone else’s negligence or intentionally wrongful actions, the survival of family members who suffered harm because of the death, and who are eligible to recover for damages, and the appointment of a personal representative of the decedent’s estate when appropriate.

Wrongful Death Damages

A representative who brings a lawsuit for wrongful death may recover both economic and non-economic damages to be distributed to family members eligible to recover. Economic damages include medical and funeral expenses, out-of-pocket expenses, lost household or other services, loss of support and income, and lost prospect of inheritance. If an adult wage earner with children dies, his or her children may recover from the loss of parental guidance.

Noneconomic damages, such as pain and suffering, also may be recovered. The damages award will include interest starting from the date of the death. In some states, a jury may award punitive damages when the decedent died due to egregious conduct and gross negligence by the defendant. However, in most states, punitive damages are not permitted in wrongful death lawsuits.

Finding A Personal Injury Lawyer For Wrongful Death Lawsuit In Atlanta

Wrongful death cases can be complex and emotionally charged. If you have lost a loved one due to the negligence of another, it's important to seek out the assistance of an experienced attorney. The Mabra Law Firm, a personal injury lawyer in Atlanta, Georgia with a 5-star review from its clients for having a very high success rate in handling personal injury cases. Contact them today to schedule a consultation.