The premise behind a wrongful death lawsuit is that not only did the deceased person lose their life due to someone else’s recklessness, negligence, or deliberate act, but the surviving family members have been directly impacted both emotionally and financially due to the death.

What Are the Grounds for Filing a Wrongful Death Lawsuit*?

  • Common grounds for wrongful death lawsuits include an accidental death caused by an auto accident, a work-related death, medical malpractice, or a death caused by any unlawful act.
  • They must first prove that their loved one’s death was in fact caused by someone else’s act and not by the deceased own action or inaction.
  • Once the grounds for the above are met, then the surviving family members must next prove that they have suffered measurable damages due to their loved one’s wrongful death.

What Types of Damages Can Be Collected in a Wrongful Death Lawsuit?

Once they establish that their loved one’s death was due to a wrongful act, surviving family members can collect the following types of damages:

  • Medical bills and burial expenses.
  • Compensatory damages including lost wages that their loved one would have earned had they lived their normal life expectancy.
  • Compensatory damages for pain and suffering endured by the surviving family members due to the loss of their loved one.

Contact An Attorney

If you believe that your loved one’s death was caused by the negligence, reckless, or deliberate act of someone else, then consult with one of our experienced attorneys to understand your legal rights and to determine if you should pursue a wrongful death claim.

The Law Office of Dussault & Zatir, PC

*Proof of the case as well as proof of damages as listed above are some general rules. However, Be advised that the law concerning wrongful death maybe different from state to state. This is not legal advice. Thus, you are free to contact an attorney if you have questions regarding any of the above.

Photo Credit: buurserstraat386 / 123RF Stock Photo