A wrongful death is a death that was caused by the negligence, carelessness, or misconduct of another individual or a company. The definition of wrongful death is similar to a personal injury action, but instead of the injured person bringing the lawsuit, the spouse, parents, or children of the deceased can sue. Close family members who have lost a loved one in a tragic, preventable accident may be entitled to compensation, including funeral and burial expenses, the victim’s final medical expenses, and the victim’s future anticipated earnings. Depending on the circumstances, the spouse, parents, or children of the deceased may also be entitled to compensation for loss of companionship, care, or protection, and survivor’s pain, suffering, and mental anguish.
Wrongful deaths occur as a result of an accident that could have been prevented. They are the fault of a person or company that was not following the rules—the rules of the road, or company safety policies, or safety precautions that a reasonable person would have taken. Types of wrongful death claims can include truck accidents, motorcycle accidents, pedestrian or bicycle accidents, and even airplane or boating accidents. Wrongful death claims can also arise from intentional violence, situations of gross negligence in the workplace, defective products, or medical malpractice. Keep in mind that the definition of wrongful death does not denote a criminal action, and it is not a true accident, either. A wrongful death action attaches civil liability, or fault, on the person or company that caused the victim’s death.
To prove a case of wrongful death, the victim’s close family members must be able to prove that the victim’s death was caused, in whole or in part, by the conduct of another person or a company. They must also show that the person or company was negligent, grossly negligent, or strictly liable for the victim’s death. Lastly, monetary damages must have resulted from the individual’s death.
If you have lost a family member through someone else’s fault, call an attorney today. A San Antonio accident attorney can help you determine if you are entitled to compensation.