What Is Considered Wrongful Death Malpractice?

What Is Considered Wrongful Death Malpractice?

May 31, 2021 Off By Glespynorson

A person’s death due to actions of a third party could constitute wrongful death malpractice. An Orange County wrongful death lawyer can better explain to you what counts for a wrongful death incident in your state. It can lead to a complicated legal proceeding that few can easily understand without the guidance of their attorney.

It is hard to distinguish between accidents and deliberate actions causing death. The living heirs of the deceased person can file for wrongful death malpractice claims. In other words, only the close family members can sue the persons or legal entities for being liable for their relative’s death.

Why Are Wrongful Death Cases So Difficult To Pursue

When medics are involved, wrongful death can be difficult to define. It is difficult to prove a  doctor caused a wrongful death during surgery, but that case may qualify for a medical malpractice lawsuit with the proper evidence presented. As you can see, wrongful death cases can be hard to pursue and even harder to define without the right guidance.

Wrongful death laws are in place to protect the deceased person’s family and ensure they are in an adequate position to recover. The loss of a loved one can incur emotional stress and disrupt the family’s functioning. More precisely, the legal heirs and spouses of a person that died from another party’s negligent actions are the only ones entitled to file for a wrongful death lawsuit.

What Happens With Wrongful Death and Criminal Intents?

Your lawyer should be able to assert if the case is a wrongful death case that was unintentional or had criminal intent. For example, the family of a person who was shot during a fight could sue the other party for the wrongful death on the grounds of criminal intent. The state may also prosecute the other party for first-degree homicide and make them liable for some or all the civil damages incurred to the deceased person’s family.

However, when a passenger or pedestrian dies due to a car accident, there is no criminal intent, and it’s a wrongful death case. However, the wrongful death claim is only valid for the deaths of persons and not unborn babies. Families of pregnant women who have passed away due to gross negligence can only file a lawsuit for wrongful death for the pregnant woman but not for her unborn child.

Who Is Eligible to File A Wrongful Death Claim?

The following relatives of deceased persons are eligible to file a lawsuit against liable parties for wrongful death:

  • Close relatives, like spouses, children, parents, and grandparents.
  • Siblings and cousins are eligible to file under certain jurisdictions.
  • Common-law husbands and wives.
  • Any adopted or foster kids.
  • Family members who are registered as financially dependents of the deceased person.

Ways to Prove Negligence in Wrongful Death Cases

Your lawyer is the right person to prove negligence when you want to file for a wrongful death case of a close family member. The only way to do so would be to prove that the other party has been negligent in fulfilling his duty against the deceased person. That applies to all wrongful death cases.

The accusing side should also present strong evidence to the court about the other party’s direct responsibility for the accident and the consequent wrongful death. Car accidents are complex cases where concrete evidence is needed to ascertain it was actually the driver’s fault.

Finally, another way to strengthen your case would be to prove that the damages and injuries suffered were actually fatal and were the cause of the demise. Many wrongful death cases were dismissed because lawyers couldn’t prove that the reported damages led to death.

Which Losses And Damages Can A Wrongful Death Claim?

There are several damages family members can include in their wrongful death lawsuit. Here is a list of the most common ones in such cases:

  • The family may ask for damages for the deceased person’s physical pain and emotional suffering. That applies to the time between the accident and the day the family member passed away.
  • You may also file for financial losses deriving from a family member’s lost wages after passing away due to the accident.
  • Relatives can ask for the service and cemetery costs for their deceased family members.
  • Living husbands, wives, and children claim their loss of the family unit that will permanently affect their life.

Wrongful death cases are hard to deal with without getting consultation from lawyers. It’s necessary to know your rights and honor your deceased person’s memory by ensuring that liable parties are held accountable.