| A wrongful death action arises when a person is killed as the result of negligence, product liability, or malice on the part of another person. Negligence might occur in a situation like an automobile or airplane accident, an accident at a workplace, or medical malpractice. The manufacturer of dangerous products might be strictly liable for deaths caused by faulty or unreasonably dangerous products, such as an unsafe automobile or drugs with dangerous side effects. Intentional violence that causes death can also be covered by a wrongful death lawsuit. In that situation the person or persons responsible may also be prosecuted under criminal law. Close family members and sometimes other dependents can sue to recover damages that result from a wrongful death.
The idea of lawsuits for wrongful death is a relatively new one. Common law, the law brought to the United States from England, did not allow this kind of lawsuit. Under common law, when a person died, the right to sue for damages for the death died with them. The right to bring wrongful death actions has been created in America by state laws. At this point, every state has passed some kind of wrongful death law, and each state’s law is different. Because of this variation, it’s particularly important that you check your state’s law on every aspect of a wrongful death lawsuit.
The legal elements of a wrongful death lawsuit generally are:
- The death of a human being caused or partly caused by the conduct of the person being sued (the defendant).
- The defendant was negligent, strictly liable (in producing a product), or acting intentionally (as in intentional violence or murder).
- Surviving family members or dependents are suffering monetary damages as a result of the death.
- A personal representative has been appointed for the estate.
Damages in a wrongful death lawsuit are calculated differently from damages in personal injury lawsuits, and the damages available often differ from state to state. See Damages in a Wrongful Death Lawsuit for more information. The people eligible to sue may also differ from state to state. See Who May Sue for Wrongful Death?. It is particularly important that a wrongful death lawsuit be brought within the time allowed by state law or the right to sue may be lost. Each state’s law must be checked to find the time limitations. See Time Limits for Filing a Wrongful Death Claim for information.
If a family member or someone who was providing you with care or financial support has died as the result of negligence, a faulty product, or intentional violence, you might be able to bring a wrongful death lawsuit. The best way to find out if you have a valid claim is to consult an experienced wrongful death lawyer who is familiar with the laws of your state. To find out how a qualified wrongful death attorney can assist you, see How a Wrongful Death Lawyer Can Help You.
Check out the following articles for more information about wrongful death, filing a wrongful death lawsuit and finding an experienced wrongful death attorney.
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