What Constitutes a Wrongful Death Lawsuit?

By Staff Writer

A wrongful death lawsuit is a claim in which “a person dies due to the legal fault of another person.” This covers mostly negligence but can also include any death which was a direct result of the misconduct of those responsible for the deceased’s welfare. Wrongful death suits seek compensation for grief, salary loss and medical expenses.

Who Can File?

Wrongful death suits are typically filed by a spokesperson acting upon the wishes and welfare of the victim’s family or close relations. These relations include spouses, financial dependents, parents and anyone who may have suffered significantly as a result of the death. The particular relations who are legally entitled to the claim’s compensations vary from state to state.

Situations that Can Result in a Claim

While there are innumerable situations that can result in a wrongful death, some examples include:

• Death as a result of medical malpractice or negligent care (including misdiagnosis)
• Death at the hands of a drunk or distracted driver
• Death caused by the use of a product lacking proper warnings or that exhibits manufacturing errors

How is It Proven?

In order to receive the compensation desired from a wrongful death lawsuit, the plaintiff must prove that the death was a direct result of the defendant’s negligent action or misconduct. Furthermore, the prosecution must also provide proof that shows that the defendant performed his or her duties inaccurately or with blatant negligence. Finally, to receive compensation, significant loss must also be proven.

Be aware that the statute of limitations for wrongful death lawsuits can vary depending on the state. For Tennessee, claims must be filed within a year of the victim’s death.

Check out our FAQs to find quick answers to your questions about wrongful death and compensation. If you feel you’ve suffered loss or grief due to the wrongful death of a loved one, do not hesitate to contact our associates. We’re here to help!

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