When can a family member file a wrongful death lawsuit?

What can you recover in a wrongful death lawsuit?

When a loved one dies in a personal accident such as an automobile accident, a medical malpractice case, or a construction accident, it can take a huge toll on the family. If their death was the result of another party’s liability, there may be legal avenues the family can pursue.

A family (the estate) can file a wrongful death lawsuit if:

1. The defendant owed the victim a duty of care
2. The defendant breached that duty of care
3. This breach directly caused the victim’s death
4. The death resulted in damages

The common types of liability cases include:

• Negligence
• Medical malpractice
• Products liability
• Subway, train, airplane, or taxi liability
• Sports injuries
• Construction liability
• Liquor liability

The damages they can sue to recover include:

• Funeral expenses
• Medical expenses
• Loss of future earning potential
• Loss of parents
• Loss of care or companionship
• Loss of benefits and insurance
• Other damages

For more information about filing a wrongful death lawsuit and obtaining damages, send us a message.