By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health 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
    physical health
    5 Ways Playing Games Can Improve Neural and Physical Health
    September 9, 2022
    Reasons For Hair Loss and Its Treatment
    Reasons For Hair Loss and Its Treatment
    February 16, 2022
    healthcare organization
    5 Actionable Strategies For Healthcare Organizations
    August 15, 2022
    Latest News
    6 Essential Strategies for Improving Your Medical Practice
    January 25, 2023
    Staying Positive While Living with Mesothelioma
    January 24, 2023
    The Many Health Benefits of Being Outdoors
    January 17, 2023
    How to Assess a Safe Placement of a Nasogastric or Nasoenteric Tube and Its Complications
    January 19, 2023
  • 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
    Corporate Social Responsibility in Healthcare
    November 15, 2022
    Product Details
    Ethical Decisions: Strong Leadership and Effective Planning Are Key
    June 29, 2014
    Handling HIPAA Rules In Sports: Why Athlete Privacy Matters
    April 18, 2016
    Latest News
    Simplifying the Genetic Testing Process: How At-Home Kits are Changing the Game
    January 25, 2023
    9 Hospitals That Have Introduced Green Initiatives
    January 25, 2023
    Why a Health Retreat Can Be the Best Medicine
    January 12, 2023
    Best Money-Saving Tips for Health Managers
    January 12, 2023
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: What You Should Know Before Filling A Wrongful Death Claim
Share
Sign In
Notification Show More
Latest News
ABA therapist
Everything You Need to Know About Applied Behavior Analysis
Health
Small Lifestyle Changes That Can Have A Big Impact On Your Well-Being
lifestyle Wellness
The Future Of Medicine: How Immunotherapy Is Saving Lives
The Future Of Medicine: How Immunotherapy Is Saving Lives
Technology
medical practice and technology advancement
6 Essential Strategies for Improving Your Medical Practice
Technology
digital dental x-ray
How Does A Digital Dental X-Ray Work?
Dental health
Aa
Health Works CollectiveHealth Works Collective
Aa
Search
Have an existing account? Sign In
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: 2020/09/28 at 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

getting into medical school

6 Tips for Getting Into Medical School

Do You Need Life Insurance? What Does It Cover?
5 Ways New Technology is Revolutionizing Health
Are your Health Workers Properly Protected?
Your Study Path in Nursing: Hardships in Education and How to Overcome Them
  • 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: loss, wrongful death, wrongful death claim

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Sean Mallon March 26, 2019
Share this Article
Facebook Twitter Copy Link Print
Share
Previous Article 7 Ways Of Becoming A Good Mental Health Professional
Next Article The Most Common Thyroid Problems And How To Treat Them

Stay Connected

1.5k Followers Like
4.5k Followers Follow
2.8k Followers Pin
136k Subscribers Subscribe

Latest News

ABA therapist
Everything You Need to Know About Applied Behavior Analysis
Health January 26, 2023
Small Lifestyle Changes That Can Have A Big Impact On Your Well-Being
lifestyle Wellness January 26, 2023
The Future Of Medicine: How Immunotherapy Is Saving Lives
The Future Of Medicine: How Immunotherapy Is Saving Lives
Technology January 26, 2023
medical practice and technology advancement
6 Essential Strategies for Improving Your Medical Practice
Technology January 25, 2023

You Might also Like

at-home genetic testing method kits
Global Healthcare

Simplifying the Genetic Testing Process: How At-Home Kits are Changing the Game

January 25, 2023
green hospitals
Hospital Administration

9 Hospitals That Have Introduced Green Initiatives

January 20, 2023
benefits of going on a health retreat
Global HealthcareHealth

Why a Health Retreat Can Be the Best Medicine

January 12, 2023
saving money in healthcare
BusinessGlobal HealthcareHospital Administration

Best Money-Saving Tips for Health Managers

January 12, 2023
//

We influence million of users and is the most authentic source of information on healthcare business and technology news.

Quick Links

  • About
  • Contact
  • Privacy
Subscribe

Subscribe to our newsletter to get our newest articles instantly!

Follow US

© 2008-2023 HealthWorks Collective. All Rights Reserved.

Removed from reading list

Undo
Welcome Back!

Sign in to your account

Lost your password?