There are several different classifications that can occur when someone is attempting to sue for an incident that has resulted in death. In the instance of wrongful death suits, these occur when the victim would normally only incur an injury, but they died as a result of someone else's negligence. It can also apply in instances of intentionally harmful acts from the defendant. There are several difference scenarios where these types of cases can be presented. Here are some examples of what may qualify under a wrongful death case.
Intentional Death
When someone is killed intentionally and the defendant is not convicted of murder, the plaintiff (usually family members) can still sue for wrongful death. Since the act of the other person's death may be able to be proved as intentional. the law would apply in this instance. If the attorney can prove that the deceased died as a result of someone's intent, then a wrongful death suit can be filed.
Medical Malpractice
For patients who have died as a result of medical negligence, their family can sue the doctor or hospital for wrongful death. This can happen if a doctor did not recognize and diagnose a fatal condition. It can also happen when a doctor is careless in their methods of treatment and levels of care. These types of cases require an attorney who is well-versed in medical malpractice suits since the burden will be on the plaintiff to show that the doctor willfully neglected to do their job to the best of their ability in order to preserve a patient's life.
Negligence from Car Accidents
It someone dies as a result of a car accident, and it can be proved that the other party's negligence caused the death, a wrongful death case can be brought forth. Even if the driver who caused the death is not charged with a crime initially, they can still be sued and taken to court for this type of claim. The plaintiff and their attorney must be able to show that the victim died directly as a result of the other party's negligence and that their actions or failure to act is what caused the death to occur. There are several other examples where people would be eligible to file a wrongful death claim, so it is always prudent to contact a wrongful death attorney who understands the particulars of the law before you file a legal claim.
