A Legal Council Guide

« Back to Home

Understanding The Fundamentals Of Wrongful Death Cases

Posted on

Wrongful death is one of those concepts that everyone knows about, but few people really understand. As a result, those who have lost loved ones may not pursue a wrongful death claim when they have a valid one because they simply don't realize it. That's why it's important for you to understand the basics of wrongful death and what could potentially be considered one. That way, if you've lost a loved one, you can pursue a wrongful death case if you believe that you have grounds. Here's a look at some of the things that you will want to know ahead of time.

Auto Accidents

If your family member was killed in an auto accident, there may be grounds for a wrongful death suit against the responsible party. You'll have to look into the police report and the liability determination to find out who the police deemed to be responsible for the accident, and then your wrongful death attorney can assess the situation that led to the accident to determine if there was negligence on the part of that driver. If there was, you may be able to seek restitution from a wrongful death suit. 

This applies no matter what the situation with the accident. Whether your loved one was in a car, on a bicycle, or even walking, you may still be able to file a wrongful death claim if they were killed in a motor vehicle accident.

Unsafe Workplace Accidents

In some situations, an accident that occurred because of an unsafe work environment might be grounds for a wrongful death lawsuit as well. If you can show that the employer was aware of the hazard, knew the risk it posed, and ignored it, you might be able to get compensation. 

In some cases, a wrongful death attorney can argue that anyone in the employer's position would have known that it was a risk and can rely on expert testimony for this, so you may not have to prove that the actual employer knew.

Swimming Pool Or Boat Accidents

If you lose a family member due to drowning in someone else's swimming pool or as the result of a boating accident on someone else's boat, you might have grounds for a wrongful death lawsuit. You'll want to talk with a wrongful death attorney about the situation, though, because they can help you understand the specific requirements for these types of situations to qualify for a wrongful death claim.

You'll have to be able to show that the swimming pool wasn't secured. Or, in the case of a boating accident, that the death occurred because the boat owner caused an accident or failed to supply adequate safety gear aboard the boat.

Accidents On Someone's Property

Whether it's a commercial property, a construction site, or even a private residence, an accident resulting in death on someone else's property could lead to a wrongful death lawsuit. This is especially true if the liability umbrella policy processes and pays out a claim for liability. In those situations, you might have grounds for a wrongful death lawsuit. You'll have to talk with a wrongful death attorney, though, to find out for sure.

They will assess the circumstances under which the deceased was on the property, the nature of the accident, and any other evidence. Especially if the deceased was invited onto the property and died as a result of an accident that could have been prevented, a wrongful death attorney can help.

Talk with a local wrongful death attorney for more help and information about the case you're dealing with. The better prepared you are, and the more information you have, the easier it is to navigate the process. It is, however, easier done with the support of an attorney to help you with the legal details.