Losing a loved one is always hard. But if their death is caused by someone else’s negligence or intentional actions, this adds to the pain. Depending on how a loved one passed, a wrongful death lawsuit can be brought against an individual or entity responsible for causing someone’s death due to negligence or intentional acts. A wrongful death lawsuit allows surviving family members to seek justice and compensation for their loss.
But what exactly does this lawsuit entail, and how does it work? This blog post will explain the key aspects of wrongful death lawsuits, common causes, who can file a claim, and the damages that can be sought.
What is Considered Wrongful Death?
A wrongful death lawsuit is a legal claim brought when someone dies as a result of another person’s or entity’s negligence, recklessness, or intentional actions. These lawsuits aim to hold the responsible party accountable and provide financial compensation for the emotional and economic impact of the loss. Wrongful death cases can happen due to various situations, and below are some of the most common ones:
Car Accidents
“Motor vehicle crashes are a leading cause of death and kill over 100 people every day, so if your loved one dies due to another driver’s careless or reckless actions, the family can pursue damages for funeral costs, medical expenses, lost income the person would have earned, and the emotional pain and suffering.
Filing a wrongful death claim varies by state, so it’s important to speak with a personal injury attorney in your area that knows motor vehicle accident laws.
Medical Malpractice
Errors made by healthcare providers such as misdiagnosis, surgical mistakes, or improper treatment can result in a patient’s death. For instance, if a doctor prescribes the wrong medication causing someone’s death, the family of the deceased may have grounds for a wrongful death claim.
Medical malpractice wrongful death cases are complex and often require expert testimony, so it’s important to work with an attorney who understands both personal injury law and medical standards to gather the right evidence, build a strong case, and fight for justice on your behalf.
Workplace Accidents
Dangerous or unsafe working conditions can lead to fatal injuries, particularly in industries like construction, manufacturing, and mining. If an employer fails to enforce safety regulations and an employee dies as a result, the employer could be liable in a wrongful death suit.
Defective Products
Defective products like faulty machinery, toxic substances, or unsafe consumer goods can lead to wrongful deaths. For example, a malfunctioning car airbag that fails to deploy properly in an accident could result in a fatality, leading to a lawsuit against the manufacturer.
Criminal Acts
Homicides or other intentional acts of violence can also give rise to wrongful death claims. Although the perpetrator may face criminal charges, surviving family members can pursue a civil case to obtain compensation.
Truck Accidents
A wrongful death claim resulting from a truck accident is filed when a loved one is killed due to the negligence of a truck driver, trucking company, or another party involved in the operation or maintenance of a commercial vehicle, such as a delivery service. Common causes of truck accidents include driver fatigue, speeding, improper loading, mechanical failure, or violations of federal trucking regulations. Families who lose someone in a truck-related crash may seek compensation including medical expenses, funeral costs, lost future income, and emotional distress. These claims also help bring attention to industry safety issues and encourage stricter compliance to prevent future tragedies.
Nursing Home Abuse
If a resident of a nursing home dies due to negligence or abuse, a wrongful death lawsuit can be filed. Reasons for wrongful death could be that medical issues were ignored, there wasn’t enough supervision, or the resident suffered physical abuse. For families, filing a wrongful death lawsuit is a way to hold the facility accountable, get justice for their loved one, and hopefully prevent the same thing from happening to someone else. These cases are often deeply emotional, but they play an important role in exposing serious problems within elder care and pushing for better standards.
Premises Liability
A premises liability wrongful death claim can be filed when a fatal accident occurs on someone else’s property. Examples of fatal accidents on a premise can include dog bites, slippery surfaces, faulty stairs, or falling objects. Property owners have a legal responsibility to keep their premises reasonably safe for visitors, tenants, or customers.
Pedestrian Accidents
A wrongful death claim from a pedestrian accident occurs when someone is fatally struck by a vehicle due to a driver’s negligence or reckless behavior. Pedestrian accidents often happen because the driver is speeding, is distracted, fails to yield or is driving under the influence. The victim’s family may file a wrongful death lawsuit to hold the driver accountable and recover compensation for medical expenses, funeral costs, lost income, and emotional suffering.
Aviation Accidents
When someone dies in a plane or helicopter crash due to negligence, mechanical failure, pilot error, or poor maintenance, a wrongful death lawsuit can be filed. Because aviation accidents are often catastrophic, they typically lead to complex investigations and legal proceedings. Families of victims may pursue a wrongful death lawsuit against airlines, manufacturers, maintenance companies, or other liable parties to seek justice and financial compensation.
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Who Can File a Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit varies by jurisdiction, but typically falls to the deceased person’s immediate family members. Common plaintiffs include:
- Spouse⎯A surviving husband or wife is usually the first eligible to file a wrongful death claim.
- Children⎯Biological and adopted children of the deceased can file on behalf of their parent.
- Parents⎯If the deceased is a minor or unmarried adult with no children, the parents may bring the claim.
- Siblings or extended family⎯Some states allow siblings, grandparents, or other relatives to file if no immediate family members exist.
If you think you have a claim or have questions about a wrongful death lawsuit, it’s a good idea to speak with a Postman Law personal injury attorney who can guide you through the process and help protect your rights. If you’re in the Chicago, Denver, Minneapolis, or Cincinnati area, contact Postman Law today to schedule a free consultation with one of our attorneys. Call us at 844-POSTMAN or fill out our online form.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
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In most wrongful death cases, the person or entity found legally responsible pays, but payment usually comes from insurance, (i.g. medical malpractice insurance, auto insurance, employer or workers’ compensation insurance, business or commercial liability insurance) not directly out of someone’s pocket.
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The timeline for a wrongful death lawsuit can vary widely from several months to a few years depending on the complexity of the case, whether it goes to trial, investigation, evidence, insurance company cooperation, and state laws.
A wrongful death case is a civil lawsuit filed by a family after a loved one dies because of someone else’s negligence. A criminal case is brought by the government to punish the responsible party. Wrongful death cases focus on compensation, while criminal cases focus on determining guilt and appropriate punishment.
Most wrongful death cases require proving that the at-fault party owed a duty of care, breached that duty, and directly caused the death.
How long you have to file a wrongful death lawsuit is based on the statute of limitations each state has. Missing this deadline can prevent you from filing a claim, so it’s important to speak with a Postman Law wrongful death attorney as soon as possible. Schedule a free case consultation today.
In Minnesota, the statute of limitations for filing a wrongful death lawsuit usually requires that it be filed within three years from the date of death. Unlike many other states, the claim must be brought by a court-appointed trustee on behalf of the surviving family members, not by the family themselves. Failure to file within this period usually means that the court will dismiss the case. It’s crucial to contact a Postman Law wrongful death attorney to make sure you claim is filed on time.
In Illinois, a wrongful death lawsuit usually must be filed within two years of the date of death. Missing this deadline can result in the case being dismissed and the loss of the right to seek compensation. In some cases, the deadline may be extended if the death involves intentional or violent conduct, or when a minor is involved. Contact a Postman Law wrongful death attorney as soon as possible to get everything filed in time for your claim.
Colorado’s statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. If you don’t file a lawsuit within that time frame, the court will usually bar the claim and you won’t be able to seek compensation. Some exceptions can apply. For example, deaths involving vehicular homicide may allow a longer filing period. This is why it’s important to speak to a Postman Law wrongful death attorney as soon as possible so we can file your claim by the deadline and so you can get the compensation your family deserves.
Under Ohio law, a wrongful death claim usually needs to be filed within two years after the person’s death. If the lawsuit isn’t filed within this period, the court will typically dismiss the case and bar recovery of compensation. It’s important to contact Postman Law’s wrongful death attorneys so that we can file your claim before the deadline and work to recover the compensation your family deserves.
Postman Law specializes in personal injury cases, including car and truck accidents, slip-and-fall injuries, medical malpractice, product liability, wrongful death, workplace injuries, and more. Our attorneys have secured over $3 billion for more than 1.4 million clients.
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