Date: February 3, 2012
Written by: Timothy McArdle
A wrongful death lawsuit can be filed in the event that a death, which was preventable, has occurred. A wrongful death lawsuit is a claim that the death was the result of someone else’s negligence, recklessness, or carelessness. While a wrongful death may have been the intentional result of the other party’s improper actions, it is often a matter of unintentional but careless disregard for the life and safety of the person whose life was lost.
There are a variety of different situations for which a wrongful death lawsuit would be applicable. One example would be a hospital setting where a patient’s urgent need for immediate care is clear, but not dealt with by the medical staff. If medical malpractice results in the patient’s death, the patient’s family can file a wrongful death lawsuit.
Another type of wrongful death is a death which occurs from an avoidable accident. Examples of this form of wrongful death include a homeowner’s failure to keep his property in safe condition and someone’s death being the result of the unsafe property, or a car accident in which someone suffers a fatal injury.
Wrongful death lawsuits can also be filed in situations where the death was intentionally caused. In this type of situation, however, a wrongful death lawsuit usually corresponds with criminal action against the person who was responsible. In many cases, both a criminal proceeding and a civil suit are possible.
A death which could have been prevented had the responsible party exercised due concern for the life and safety of others could be cause for a wrongful death lawsuit. A wrongful death lawsuit, while being a minor compensation for the loss of a human life, holds the responsible party accountable for their actions. If someone you love was killed as a result of another party’s careless or negligent actions, contact an attorney to determine if you may be eligible to file a wrongful death claim.« Back to Blog