(303) 563-5354
X

Do You Qualify for a Wrongful Death Suit?

Posted in Blog on May 20, 2021

When a person dies and it’s the fault of another person, company, or entity, the beneficiaries or heads of the deceased’s estate often have the option of filing a wrongful death suit. These kinds of lawsuits, if won, can result in payments for funeral expenses, lost wages, or other hardships. However, whether or not you qualify to make such a suit can depend on a number of factors, including who you are in relation to the deceased, losses, the circumstances surrounding the death, and more. 

What is Wrongful Death? 

In short, wrongful death is something that occurs when a person is killed due to negligence, or even misconduct. A wrongful death suit is a civil action that can accompany any criminal charges that may be filed, depending on how, why, and what caused the death in the first place. 

How Do You Know if You Qualify? 

When it is believed that some kind of negligence, or death due to misconduct, has occurred, a suit can be filed to help recuperate some of the losses obtained by the deceased person’s beneficiaries. These losses can take shape in a number of different scenarios, including money spent to provide a funeral, wages that were lost while tending to the deceased person’s business, mental anguish, and more. 

A few specific scenarios that may qualify for wrongful death can include: 

Medical Malpractice

Although doctors are typically extremely conscious of the details that go into their patients’ care, mistakes can and do, happen. Whether this is the result of making the wrong decisions based on incomplete information or making a bad call in the face of an emergency, a resulting death can equate to a lawsuit. Although doctors often have insurance to help protect against these kinds of suits, medical malpractice suits can still result in positive outcomes for those that are filing. 

Automobile Accidents

Especially when drugs, alcohol, or gross negligence are the main contributors, car accidents can be major sources of wrongful death suits. In short, if someone is behind the wheel and shouldn’t be, due to distractions, or substances that are impairing the driver, family and beneficiaries can often have a claim. 

Likewise, automobile manufacturers can be held accountable for deaths that resulted from faulty car parts or automobile issues, contributing, or directly causing, a person’s untimely death. 

Faulty Roadways

If the builder of a roadway creates a street or road that is deemed unsafe for drivers, and/or has neglected important safety features, a death can result in a wrongful death suit. Likewise, failure to maintain or repair roadways that result in dangerous conditions can also be reasons for a suit when a death has occurred.  

Establishments Irresponsibly Serving Alcohol 

Whether it’s a bar, restaurant or sporting venue, the privilege to serve alcohol comes with a number of specific responsibilities. If an establishment does not responsibly serve its patrons alcohol, or has sold or given alcohol to an impaired driver, the entity can be held ultimately responsible for a person’s death. This can also include the workers that specifically gave the deceased person the alcohol, and/or the owner of the establishment. 

Who Can Sue? 

Typically, a representative or survivor/beneficiary of the deceased, or the deceased person’s estate, are able to file a wrongful death suit and are eligible for damages. 

These beneficiaries can include a number of different relations, including: 

  • Domestic partners
  • Financial dependents
  • Children
  • Spouses
  • Grandparents
  • Etc. 

The death of a loved one due to negligence or misconduct can be one of the most difficult experiences of one’s life. Especially in these scenarios, financial support to account for lost wages, mental strain, the cost of services and funerals, medical expenses, and more, can help to make these situations a little easier. 

If you think you may qualify for a wrongful death suit, find a law firm that you can trust, and an attorney that can walk you through all of your potential options. Although this will never bring your loved one back, it can be a huge help knowing that someone has been held accountable on a civil level, and that a form of justice has been served. 

Categories