Causes of Wrongful Death and How to Seek Justice

By definition, wrongful death is a fatality caused by negligence or willful and wrongful actions. Examples of wrongful death include medical malpractice and negligence, defective products, criminal behavior, and motor vehicle or workplace accidents, all resulting in avoidable fatalities.

Seeking justice for wrongful death begins with an initial consultation, where an attorney evaluates the case based on evidence like witness statements and medical records. The more evidence available, the stronger the case and the stronger the claim that a named defendant caused death through negligent, wrongful, or intentional actions.

Legal repercussions for wrongful death hold the responsible defendant accountable but also make it possible for the deceased’s loved ones to seek financial compensation for losses and emotional turmoil.

Understanding Wrongful Death: The Legal Perspective

From a legal perspective, wrongful death is often caused by recklessness or negligence. In some cases, actions are intentional, making for a stronger, more solid case with a winning outcome for plaintiffs. Wrongful death suits rarely result in jail time for the defendant; however, the plaintiff can gain significant financial compensation for wage losses, funeral and burial costs, everyday expenses, and suffering.

Common Causes of Wrongful Death and Identifying Responsible Parties

Some examples of common causes of wrongful death include:

• Medical negligence is where a healthcare provider’s malpractice causes the death of a patient through surgical errors, misdiagnosis, missed diagnosis, or improper testing.
• Car accidents result in death caused by reckless drivers or impairments, such as drugs or alcohol.
• Workplace accidents where employees were improperly trained, work equipment was faulty, or needed repairs or replacements.
• Defective products that didn’t operate as advertised.

Identifying responsible parties is vital to building a solid case in a wrongful death suit. In the examples above, defendants can include negligent drivers, doctors, nurses, surgeons, employers, manufacturers or brands, and government agencies.

Legal Steps to Take After a Wrongful Death

Not everyone can file a claim for wrongful death. The first legal step is a consultation with an attorney, who will assess the case and determine who can file a claim. Typically, a loved one, like a spouse or adult child of the deceased, can file a wrongful death claim.

From there, evidence is gathered and presented to a court of law. The defendant is notified, and both parties can reach a settlement agreement out of court or take the case to trial, where a judge and jury decide the outcome.

Learn more about wrongful death claims by contacting Grewer Law!