Wrongful Death Definition
In legal terms, wrongful death is defined as “the death of a human being as the result of a wrongful act of another person.” Wrongful death is the basis for a lawsuit against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased.” In short, wrongful death is when one party through malice or negligence causes the death of another party.
Examples of Wrongful Death
Wrongful deaths can happen in almost any situation, but the most common causes can include:
- Car and truck accidents – When a motorist operates their vehicle in an unsafe manner, whether as the result of negligence, distraction, intoxication, etc. and causes a collision that leads to a fatality, this is considered a wrongful death. This death can be the person or persons in the other vehicle, persons riding with the motorist at fault, and even pedestrians or cyclists who are killed when they collide with the car.
- Medical malpractice – When a healthcare provider acts in a negligent manner or fails to provide the proper care in a reasonable period of time that results in a patient’s death, it is also considered a wrongful death.
- Unsafe workplace – Employers are required to take all necessary precautions to ensure a safe workplace including but not limited to: providing safe stairs and railways, slip free walking areas, proper safety signage, removal of toxic substances, maintenance of equipment, inspection of electrical circuits, and more.
- Defective devices – When a safety, medical, or other device fails to function as intended and causes a death, it is considered a wrongful death. Examples include faulty air bags, drugs with unlisted side effects, fuel tanks that are not properly lined, etc.
Wrongful Death Settlements and Benefits
When an individual or family suffers a wrongful death, they may be entitled to file a claim for damages that can include:
- Loss of financial support for surviving dependents if the death occurred to the sole or partial supporter of the family
- Loss of emotional support, companionship, and intimacy for spouses
- Costs associated with medical care that preceded the wrongful death
- Costs associated with funeral expenses
- Compensation for the deceased’s pain and suffering
Wrongful Death Lawyer
If someone you know has died as the result of a wrongful death, contact Dax F. Garza, P.C. immediately to discuss your case at no charge.