Wrongful Death Lawsuits
A wrongful death lawsuit is much like a personal injury lawsuit, the difference being that the family of the injured party must file the claim. By doing this, the responsible party who is at fault for the injury can be sued for compensation. Compensation in a wrongful death lawsuit might include medical expenses, funeral expenses, loss of support, loss of companionship, property damage, and more. In a nutshell, any and all behavior that might result in a personal injury lawsuit may also be the basis for a wrongful death lawsuit.
What is a Wrongful Death?
In legalese, a wrongful death lawsuit is any death that was caused by a breach of the law. Often, negligence is a big factor in a wrongful death suit, as a breach of civil duty and the failure to act in a responsible manner. When a person fails to act in a reasonably responsible manner and causes an accident, that person is considered negligent by law and can be held accountable for damages that result.
Wrongful death may not only be caused by negligence, but also by behavior that is illegal, reckless, willful or wrongful. Wrongful death may also be caused by intentionally criminal acts.
Some common reasons for filing a wrongful death lawsuit include:
- Food poisoning
- Unsafe and defective drugs
- Medical malpractice
- Defective products
- Criminal acts
- Toxic chemical exposure
- Workplace accidents
- Construction accidents
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Boating accidents
Who May File a Lawsuit for Wrongful Death?
Different states have different laws regarding which family members may file a wrongful death lawsuit. That being said, an immediate family member such as a spouse, mother, father, or child may file a wrongful death lawsuit in every state.
Is it Morally Wrong to File a Wrongful Death Lawsuit?
Some people feel that filing a wrongful death lawsuit means that they are trying to profit from the death of a loved one. But that is not the case! A wrongful death lawsuit brought against a company that was negligent in its unsafe working conditions for employees, for instance, might prevent other innocent people from being killed.
If you feel that you have the basis for a wrongful death lawsuit, do not hesitate to seek legal advice from an attorney as soon as possible. It is beneficial to talk to a lawyer who regularly handles wrongful death lawsuits. At Proner & Proner, our team of personal injury lawyer in New York City can help.