About Wrongful Death Lawsuits - General Legal Issues Information

A wrongful death lawsuit arises from negligence or other injustice. The victim’s survivors are entitled to compensation if they can prove that negligence or other injustice was the cause of the death.

There are four elements observed principles in a wrongful death claim:

- The death was caused, in whole or part, by the conduct of the defendant

- The defendant was negligent or strictly liable for the victim’s death

- There is a surviving spouse, children, beneficiaries, or dependents

- Monetary damages have resulted from the victim’s death

A wrongful death lawsuit is also common when a company is being sued for the death of a person, for example, tobacco companies have been sued for the deaths of their customers.

A wrongful death lawsuit can award these damages:

- Immediate expenses associated with the death (medical & funeral)

- Loss of victim's anticipated earnings in the future until time of retirement or death

- Loss of benefits caused by the victim's death (pension, medical coverage, etc.)

- Loss of inheritance caused by the untimely death

- Pain and suffering, or mental anguish to the survivors

- Loss of care, protection, companionship to the survivors

- General damages

- Punitive damages

Wrongful death lawsuits are filed as civil suits and are not criminal although they can also be files separately as criminal suits. Deaths resulting from drunk driving are the easiest to file and win; most courts treat drunken driving cases harshly as it is considered very negligent to drive under the influence.

There is no shortage of the kind of circumstances that can lead to wrongful death lawsuits. In recent memory is the death during a Wal-Mart sale stampede, relatives have gone to court seeking damages, other have sought justice. Courts will however throw out frivolous cases and will award damages to meritorious cases. Getting a good experienced lawyer is important if you want to prove your case.