What Is A Wrongful Death Lawsuit?

What Is
A Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim filed when someone’s death is caused by the negligence, recklessness, or intentional actions of another party. This type of lawsuit allows surviving family members or beneficiaries to seek financial compensation for the loss of their loved one. Wrongful death claims are typically brought against individuals, companies, or organizations whose actions directly contributed to the death of the victim. These cases not only provide a means of justice for the deceased’s family but also serve to hold responsible parties accountable for their actions. If you have lost a loved one, a Columbus, OH wrongful death lawyer from Brenner Hubble LLC can evaluate your case and determine what legal options you may have.

Grounds For Filing A Wrongful Death Lawsuit

The foundation of a wrongful death lawsuit is the claim that the death resulted from another party’s fault. The cause of death could be a result of:

• Negligence: In cases where a person or entity failed to exercise reasonable care, leading to the death of another. Examples include car accidents, medical malpractice, slip-and-fall incidents, and defective products.
• Intentional Acts: If a death results from deliberate actions, such as murder, assault, or violent crimes, the surviving family members may pursue a wrongful death claim in addition to criminal charges.
• Strict Liability: In some cases, death may occur because of a product defect or hazardous condition for which the responsible party is held strictly liable, meaning fault does not need to be proven. For example, a fatality caused by a defective product may lead to a wrongful death claim against the manufacturer.

Who Can File A Wrongful Death Lawsuit?

The ability to file a wrongful death lawsuit typically depends on state law, but in most cases, the following individuals are eligible to file:

• Immediate Family Members: Spouses, children, and sometimes parents, siblings, or domestic partners of the deceased are typically the most common plaintiffs.
• Personal Representative: In some states, the personal representative of the deceased’s estate, often named in a will or appointed by the court, can file a lawsuit on behalf of the estate’s beneficiaries.
• Other Dependents: In some jurisdictions, individuals financially dependent on the deceased, such as grandparents or extended family members, may be eligible to file a claim.

Compensation In Wrongful Death Cases

The primary goal of a wrongful death lawsuit is to provide financial compensation to the surviving family members or beneficiaries for their loss. This compensation can cover a variety of damages, including:

• Economic Damages: These damages are meant to compensate for the financial losses resulting from the death. This includes lost wages or earning capacity, funeral and burial expenses, medical bills related to the deceased’s final injuries, and loss of services (such as household support or child-rearing).
• Non-Economic Damages: These damages compensate for the emotional and psychological impact of the loss, such as pain and suffering, loss of companionship, emotional distress, and loss of consortium (for the spouse).
• Punitive Damages: In cases where the defendant’s conduct was particularly egregious or malicious, punitive damages may be awarded. These are designed to punish the defendant and deter similar behavior in the future.

The Legal Process

The legal process for a wrongful death lawsuit typically begins with filing a complaint in the appropriate court. The plaintiffs (usually surviving family members) must prove that the defendant’s actions directly caused the death of the victim. This involves presenting medical records, witness testimonies, expert opinions, and other relevant documentation to show how the defendant’s negligence or intentional act led to the fatality.

In many cases, wrongful death lawsuits are settled out of court through negotiations between the parties involved. However, if a settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide on the outcome. Settling outside of court can save both parties time and money, but if a fair settlement cannot be reached, the case may go to trial for a more formal resolution.

Call Our Office For Legal Assistance

A wrongful death lawsuit provides an avenue for justice and compensation for families who have lost a loved one due to the negligent or intentional actions of another. While the legal process can be complex and emotionally challenging, it allows surviving family members to hold responsible parties accountable and recover financial losses resulting from the death. If you believe you have a wrongful death claim, it is crucial to consult with an experienced attorney from Brenner Hubble LLC who can guide you through the process and help secure the compensation you deserve.