By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
    Health
    Healthcare organizations are operating on slimmer profit margins than ever. One report in August showed that they are even lower than the beginning of the…
    Show More
    Top News
    headphones can create health problems
    The Harmful Health Effects of Using Headphones
    September 24, 2021
    Headache causes
    4 Causes Of Headache You Probably Didn’t Know About
    December 28, 2021
    follow these steps to recover from your injury
    What Steps Should You Take to Recover More Quickly from an Injury?
    April 12, 2022
    Latest News
    Grounded Healing: A Natural Ally for Sustainable Healthcare Systems
    May 16, 2025
    Learn how to Renew your Medical Card in West Virginia
    May 16, 2025
    Choosing the Right Supplement Manufacturer for Your Brand
    May 1, 2025
    Engineering Temporary Hospitals for Extreme Weather
    April 24, 2025
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
    Policy and Law
    Get the latest updates about Insurance policies and Laws in the Healthcare industry for different geographical locations.
    Show More
    Top News
    Do You Know What’s in Your Pain Pill?
    May 11, 2011
    Depression and Diabetes Linked
    June 23, 2011
    Positive Health and the Heart
    July 28, 2011
    Latest News
    Building Smarter Care Teams: Aligning Roles, Structure, and Clinical Expertise
    May 18, 2025
    The Critical Role of Healthcare in Personal Injury Recovery: A Comprehensive Guide for Victims
    May 14, 2025
    The Backbone of Successful Trials: Clinical Data Management
    April 28, 2025
    Advancing Your Healthcare Career through Education and Specialization
    April 16, 2025
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: What You Should Know Before Filling A Wrongful Death Claim
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Medical Ethics > What You Should Know Before Filling A Wrongful Death Claim
Medical EthicsPolicy & Law

What You Should Know Before Filling A Wrongful Death Claim

Sean Mallon
Last updated: September 28, 2020 8:14 pm
Sean Mallon
Share
5 Min Read
SHARE

  A wrongful death claim is a legal claim (lawsuit) brought against a defendant when he or she causes the death of someone else via negligence or intentional wrongdoing. A wrongful death claim allows the estate of the person who died, and his or her family, to be compensated for their losses. Like type of personal injury claim, wrongful death claims require the person filing the claim (plaintiff) to follow guidelines and prove fault. In-depth and precisely, this article aims to answer the most common frequently asked questions about wrongful death laws.

Contents
Examples of a Wrongful DeathExamples of Negligence:Examples of Wrongdoing:Who Can File a Wrongful Death Claim?Who Can be Sued in a Wrongful Death Claim?Getting Legal Help for Wrongful Death Cases

Examples of a Wrongful Death

There are many situations that involve death, but are not legally considered ?wrongful?. Wrongful deaths are those caused by negligence or intentional harm. Some examples of each include:

Examples of Negligence:

  • Auto accident caused by drunk driving, speeding, or recklessness
  • A surgeon leaves a surgical tool inside a patient
  • A doctor fails to diagnose a medical condition
  • A nursing home staff member gives a patient the wrong medication
  • A product manufacturer fails to warn consumers about a dangerous product

Examples of Wrongdoing:

  • A robbery goes wrong and the victim is killed
  • Someone plots and carries out the murder of someone else
  • Someone was committing a crime and as a result, someone died

Most wrongful death claims are the result of negligence, but many are the result of wrongdoing.

Who Can File a Wrongful Death Claim?

A wrongful death claim can be brought by survivors who suffered damage as a result of their loved one?s death. This often includes:

More Read

fungal meningitis outbreak
Michigan’s Fungal Meningitis Outbreak to Be Investigated by State and Federal Authorities
Understanding the Drivers of the Patient Experience
A New Era of Patient Engagement
Do I Qualify for Social Security Disability Benefits if I Got Injured on My Way to Work?
Covering the Needs of Patients in Nizhny Novgorod
  • Immediate Family: Every state recognizes the spouse, children, and parents of a victim, and allows these parties to file wrongful death claims.
  • Life Partners: Some states also permit a domestic or life partner, or a ?putative spouse? (someone who believed themselves to be married to the victim) to file wrongful death claims.
  • Distant Family: Some states allow distant family members to file wrongful death claims, such as siblings or grandparents.
  • Injured Parties: Some states allow injured parties who are not related to the victim to file, or participate in, wrongful death claims. One example is that of a business partner or other party who suffer physically or financially from the death.
  • Parents of a Fetus: In some states, parents who have lost a fetus due to an accident, injury, or death are able to file a wrongful death claim. Other states only permit parents who have lost a fetus to file a claim if the child was born alive and then later passed away as a result of injuries.

Who Can be Sued in a Wrongful Death Claim?

When filing a wrongful death claim, the burden of proof rests on the plaintiff(s) (victims loved ones). It is important to understand who can be sued in a wrongful death claim in order to build a strong case. Examples of wrongful death defendants include:

  • Healthcare Providers: Doctors, nurses, surgeons, therapists, or nursing home caregivers.
  • Drivers: Anyone who is negligent and causes a car, truck, motorcycle, bicycle, or pedestrian accident.
  • Manufacturers: Product manufacturers or distributors who design, create, or distribute products that are not properly tested and approved for consumers.
  • Property Owners: Property owners who fail to maintain the premises, fail to make repairs, or fail to warn visitors.
  • Government Agencies: Government agencies that fail to warn about, or repair, road hazards, sidewalk hazards, or other dangers on government property.
  • Bar/Restaurant Owners: Bar or restaurant owners who serve alcohol to minors or those already intoxicated.

These are some of the examples of defendants commonly named in wrongful death cases. Every case is different, and there are many possible defendants in such cases.

Getting Legal Help for Wrongful Death Cases

If you have lost a loved one due to negligence or wrongdoing, of course your life has been dramatically changed. As you heal, you may find that filing a wrongful death claim is your best option to recover financially, and ensure that a guilty party is held responsible. By working with a wrongful death attorney, you can be confident that your case is strong, and that you have legal support as you file your claim. A skilled attorney can also help maximize your recovery.

TAGGED:losswrongful deathwrongful death claim
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

Clinical Expertise
Building Smarter Care Teams: Aligning Roles, Structure, and Clinical Expertise
Health care
May 18, 2025
Grounded Healing: A Natural Ally for Sustainable Healthcare Systems
Grounded Healing: A Natural Ally for Sustainable Healthcare Systems
Health
May 15, 2025
Learn how to Renew your Medical Card in West Virginia
Learn how to Renew your Medical Card in West Virginia
Health
May 15, 2025
Dr. Klaus Rentrop Shares Acute Myocardial Infarction heart treatment
Dr. Klaus Rentrop Shares Acute Myocardial Infarction
Cardiology
May 13, 2025

You Might also Like

physician care
Medical EthicsPublic HealthWellness

High Reliability Boot Camp: Preparing for Zero Preventable Harm

May 23, 2013
susan mende
Health ReformHospital AdministrationPolicy & LawPublic Health

Avoidable ER Visits: Lessons from the Robert Wood Johnson Foundation

December 16, 2013

Most Breast Cancer Patients May Not Be Getting Enough Exercise

June 13, 2014

Bone Density Tests – Too Many Not a Good Thing

March 17, 2012
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?