Legal Definitions - wrongful death

Wrongful death refers to a civil lawsuit brought by the family or estate of a person who died due to the negligence, recklessness, or intentional act of another party. This type of legal action seeks to compensate the surviving family members for the various losses they suffer as a result of the death.

Key aspects of a wrongful death claim include:

• Cause of Death: The death must have been caused by the fault of another individual or entity. This fault can range from simple carelessness (negligence), to extreme disregard for safety (recklessness), or a deliberate harmful act (intentional misconduct).
• Who Can Sue: Typically, the deceased person's spouse, children, and sometimes parents or other dependents are eligible to bring a wrongful death claim, depending on the specific laws of the state where the death occurred.
• Damages Sought: The lawsuit aims to recover damages for the financial and emotional harm suffered by the survivors. This can include compensation for lost financial support the deceased would have provided, funeral and burial expenses, medical bills incurred before death, and the emotional pain and suffering of the surviving family members. In some cases, damages may also be awarded for the pain and suffering the deceased experienced prior to passing. If the death was caused by intentional or extremely reckless behavior, some states allow for punitive damages, which are designed to punish the wrongdoer and deter similar conduct.
• Civil vs. Criminal: A wrongful death lawsuit is a civil matter, separate from any criminal charges that might arise from the same event. The standard of proof in a civil case is lower than in a criminal case, meaning that a person could be found responsible for wrongful death in a civil court even if they were acquitted of criminal charges related to the death.

Here are some examples illustrating different situations where a wrongful death claim might apply:

• Example 1: Medical Malpractice

  A patient undergoes a routine surgical procedure, but due to a critical error made by the surgeon during the operation, the patient suffers severe complications and tragically dies a few days later. The surgeon's actions are later determined to have fallen below the accepted standard of care for medical professionals.

  Explanation: In this scenario, the surgeon's negligence (failing to provide competent medical care) directly caused the patient's death. The deceased patient's surviving family members could pursue a wrongful death lawsuit against the surgeon and potentially the hospital, seeking compensation for their profound losses, including medical expenses, funeral costs, and the emotional suffering caused by the unexpected death.

• Example 2: Reckless Driving Accident

  A driver, heavily intoxicated and speeding well above the legal limit, loses control of their vehicle and collides head-on with another car, instantly killing the innocent driver of the second vehicle.

  Explanation: The intoxicated driver's reckless and negligent behavior directly led to the death of the other motorist. The family of the deceased driver could file a wrongful death lawsuit against the at-fault driver. This claim would seek damages for the loss of their loved one's financial contributions, companionship, and the immense emotional distress they have endured, and potentially punitive damages due to the extreme recklessness involved.

• Example 3: Unsafe Workplace Conditions

  An employee working at a construction site falls from a significant height and dies because the employer failed to provide proper safety harnesses and neglected to maintain secure scaffolding, despite repeated warnings from safety inspectors.

  Explanation: The employer's negligence in maintaining a safe working environment and providing necessary safety equipment directly contributed to the employee's fatal fall. The deceased worker's spouse and children could bring a wrongful death claim against the construction company, seeking compensation for the lost income, benefits, and emotional support that the deceased would have provided to their family.