What is Wrongful Death[1]?

A wrongful death lawsuit is filed when someone dies due to the intentional or unintentional negligent act of another party. This is the remedy afforded by the Civil Justice System as laid out in the Seventh Amendment of the Constitution of the United States, trial by jury. The claim is brought against the defendant that has caused the death. This allows the estate or a person close to the victim to file a civil lawsuit against the other party.

Wrongful death claims can be filed when:

• A Victim is Killed Intentionally: If a defendant was intentionally responsible for the death of a victim through a bad act, for eg., a murder or a blow in a fight or altercation that resulted in death, then a wrongful death lawsuit can be filed on behalf of the family members or surviving spouse of the deceased in a personal injury suit or civil action. The defendant may also face a criminal indictment for murder, and face possible future jail or prison time.

•  A Victim is Killed Unintentionally: If a defendant was unintentionally responsible for the death of a victim, for eg., while driving a motor vehicle that resulted in the killing of another automobile driver, passenger or pedestrian in a negligent act, then a wrongful death claim is valid and can be filed as a personal injury suit or civil action on behalf of the family members or surviving spouse of the person who died. The defendant may also face a criminal indictment, and possible future imprisonment depending on the circumstances surrounding the event.

• A Victim Dies of Medical Malpractice: If a doctor is negligent either by failing to properly diagnose a life-threatening medical condition or is careless during a medical treatment, either surgical or non-surgical, and the patient dies, then a…