Losing a loved one is one of the most difficult things that anyone can face. If that loss comes unexpectedly, especially if it happened because someone else was negligent or careless, the grief can feel even heavier. While no legal action could ever truly make up for that loss, pursuing a wrongful death claim can provide much-needed financial support, hold the responsible party accountable, and even bring a sense of justice during a difficult time. But what qualifies as a wrongful death claim?
What, Exactly, Is Wrongful Death?
Of course, any death, no matter the cause, can feel wrongful. Legally speaking, however, wrongful death happens when someone dies because another person didn’t act responsibly. Maybe they broke a safety rule or ignored a danger. Maybe they acted recklessly and put others at risk. Whatever the case, the end result is a tragic, preventable loss of life.
Personal Injury vs Wrongful Death
A wrongful death case is, in many ways, very similar to a personal injury case. The only real difference is that the person who was harmed can no longer speak for themselves. That’s why the law allows the family, or a representative of the estate, to step in and file a wrongful death lawsuit on their behalf. Every state defines wrongful death a little differently, and the rules about who can file the claim and what kind of damages they can recover vary.
Wrongful Death in Florida
In Florida, a wrongful death claim has to be filed by a Personal Representative who functions as the executor of the estate. This is typically someone named in the deceased’s will or appointed by a court. This person can then file a wrongful death claim on behalf of the eligible survivors in the family, usually spouses, children, and parents.
In Florida, a wrongful death lawsuit could allow families to recover the following:
- Funeral expenses
- Medical expenses
- Lost income
- Lost financial support
- Emotional pain and suffering
Wrongful Death in Georgia
In Georgia, a wrongful death claim is usually filed by the surviving spouse, children (if there’s no spouse), or parents (if there’s no spouse or children). Georgia uses a unique standard for determining the value of a wrongful death case, called “full value of life.” This standard includes:
- What money the person would have earned over their lifetime
- The personal value of their life:
- Experiences
- Relationships
- Future plans
And that’s in addition to the usual recovery of costs such as funeral costs and lost financial support. Georgia calculates both what the family lost and what the person themselves lost.
So, When Does a Death Qualify as “Wrongful”?
Attorneys usually look for four things when determining whether a case qualifies as wrongful death.
1. Someone Owed Your Loved One a Duty of Care
This means that someone else was expected to act in a safe and responsible way. For example:
- Drivers have to follow traffic laws.
- Property owners must keep their property reasonably safe.
- Doctors must provide proper medical care.
2. That Person Broke the Duty of Care
This means that someone who owed a duty of care failed to act in the expected safe and responsible manner. Maybe they drove distracted or didn’t properly maintain their property. Perhaps they ignored a dangerous situation or failed to follow medical guidelines. Whatever happened, if someone broke a duty of care, they are considered to have acted negligently.
3. The Negligence Caused the Death
There has to be a clear link between the negligent person’s behavior and lack of reasonable care and the loss of life in order for a death to count as wrongful. This means that for a death to legally qualify as wrongful, the negligence has to have clearly caused that death.
4. The Family Suffered Damages
For a wrongful death claim to be legally valid, the surviving family has to have suffered some kind of damage from the loss. This loss doesn’t have to be financial. It can be emotional pain or loss of love and companionship.
Examples of Wrongful Death Incidents
In many cases, surviving family members don’t always realize that their situation may qualify as wrongful death. The most common examples of wrongful death are:
Car, Truck, or Motorcycle Accidents
A lot of wrongful death cases begin with a car accident. A family may have a claim if the other driver was:
- Speeding
- Texting while driving
- Driving under the influence
- Driving while distracted
- Driving drowsy
- Driving aggressively
- Failing to yield
- Breaking traffic laws
Any crash can be dangerous, but there’s an even greater risk with large truck accidents because of the size and weight of the vehicles.
Medical Malpractice
Doctors and hospitals are, for good reason, held to strict standards of care. When they don’t meet those standards and a patient loses their life as a result, it may be a wrongful death. Some examples of such medical malpractice include:
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication mistakes
- Failure to monitor a patient
- Preventable complications during childbirth
Dangerous or Defective Products, Drugs, and Medical Devices
While you should be able to trust that the products you use are safe, sometimes a design fault or a manufacturing defect means that they aren’t. A death caused by a dangerous or defective product can often qualify as a wrongful death, and the manufacturer may be considered responsible. The same applies to defective drugs and defective medical devices. These are meant to help people, so when they cause harm because of the manufacturer’s negligence, it can be considered wrongful death.
Workplace Accidents
It may seem like a workplace accident is just that: an accident. However, if proper safety protocols weren’t followed, your loved one wasn’t provided with proper safety equipment, there was a lack of training, or the death was otherwise preventable by following OSHA requirements for a safe workplace, it may be a wrongful death. Workers’ compensation laws typically mean that you can’t sue an employer for negligence, even in a wrongful death case, but there are exceptions if it’s considered gross negligence or if there was a third party involved that was also negligent.
Slip and Fall Accidents
It is every property owner’s responsibility to make sure their property is safe, whether it is commercial or residential. While the exact level of responsibility can vary based on the relationship between the owner and the person who was injured or killed on the property, owners generally owe a higher duty of care to invited guests than to intruders. Even so, property owners still have an obligation to address dangerous conditions, including those that can lead to slip and fall accidents. If a loved one’s death was caused by unmarked hazards, poor lighting, or other unsafe conditions on the property, it may be considered a wrongful death.
You Don’t Have To Face This Alone
If you have lost a loved one to a preventable accident or someone else’s negligence, you don’t have to face it alone. Even if you’re still exploring whether your case qualifies as wrongful death, we can talk to you about your options. We’re here for you and can help you every step of the way. To schedule a free consultation, call (877) 245-6707 or contact us online. You won’t have to pay anything unless your case is successful.
