Elements in a Wrongful Death Lawsuit

Posted on December 15, 2023

When a loved one is killed as the result of someone else’s wrongful act or negligence, the legal system provides a means for seeking justice through a wrongful death lawsuit. The success of this type of case hinges on several critical elements that must be established.

Loss of a Human Life

The foundation of a wrongful death lawsuit is the undeniable fact that a human being has died. Whether the death occurred due to medical malpractice, a car accident, or another tragic incident, the loss of life is a fundamental aspect.

Wrongful Act or Negligence

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The plaintiff (surviving family) must demonstrate that the victim’s death was caused by another party’s wrongful act or negligence. This requires proving that the defendant (at-fault party) had a duty of care toward the deceased and failed to uphold that duty, leading to the fatal incident. Establishing negligence is a crucial element in attributing responsibility to the defendant.

Plaintiff Must Be an Heir or Personal Representative

To file a wrongful death lawsuit, the plaintiff must be an heir or the personal representative of the deceased person’s estate. This ensures that the legal representative pursuing the case has the authority to act on behalf of the deceased. Commonly, close family members such as spouses, children, or parents are eligible to file as heirs.

Monetary Damages

One of the primary objectives of a wrongful death lawsuit is to seek compensation for the financial losses incurred as a result of the death. The plaintiff must demonstrate that they have suffered monetary damages, which can include medical expenses related to the victim’s accident, funeral costs, loss of financial support, and other quantifiable economic losses.

Leading Causes of Wrongful Death Claims

Some of the most frequent incidents that give rise to wrongful death claims include:

  • Motor Vehicle Accidents: Car accidents are the leading cause of wrongful deaths. Most fatal collisions are a result of driver negligence, such as distracted driving, driving under the influence of alcohol or drugs, speeding, driving while fatigued, texting and driving, etc.
  • Medical Malpractice: Medical errors are considered the third leading cause of death in the U.S. Patients can be severely injured or lose their lives when a medical provider makes a significant mistake. Many wrongful death claims are filed due to a physician’s failure to diagnose an illness or condition or misdiagnosis, surgical errors, birth injuries, medication errors, and more.
  • Workplace Accidents: When a worker’s death is caused by a third party other than the victim’s employer, the surviving family may be able to pursue a wrongful death lawsuit against them. An employer can only be held liable in a wrongful death claim if they intentionally caused the death or do not carry workers’ compensation insurance.
  • Defective Products: A defective product’s manufacturer or any other party involved in its distribution chain can be liable if a fault product causes a fatality.

If you have recently lost a loved one in a preventable accident, speak to a Las Vegas wrongful death attorney to discuss your legal options. They can help you hold the liable party accountable.