Who Can Be Held Responsible for a Wrongful Death?

Who can be held responsible for a wrongful death will depend on the specific circumstances of your case. There are a wide variety of people and companies that wrongful death claims can be brought against.

Common Liable Parties in Wrongful Death Claims

Some of the most common types of wrongful death cases, including the parties who are liable, are as follows:

At-Fault Drivers

Fatal accidents involving all types of vehicles happen daily, and there are many reasons why the accident rates are so high. People drive while distracted, intoxicated, texting, and speed or drive recklessly through traffic. When another driver is at-fault for your loved one’s death, they and/or their employer will be liable in a wrongful death lawsuit.

Government Agencies

When a government agency is responsible for a fatal accident, such as a vehicle collision caused by a lack of road signs or a federal employee, a wrongful death claim can be made against the government entity. However, in some situations, government agencies and employees have special protections against lawsuits.

Medical Providers

When a medical provider, such as a doctor, nurse, hospital, etc., fails to provide the standard of care expected of them and causes injury to a patient, it is considered medical malpractice. If medical negligence results in a patient’s death, there is likely grounds for a wrongful death lawsuit against the healthcare provider and/or their employer.

Third-Party Negligence

Many wrongful death claims arise from work accidents. In most cases, a wrongful death claim cannot be brought against the deceased’s employer, but frequently more than one party is responsible. If a coworker, device or equipment manufacturer, or another third party contributed to the accident, they might be liable in a wrongful death lawsuit.

Defective Product Manufacturers

If a product sold to consumers is defective and causes a fatality, the product’s manufacturer or another party involved in its distribution can be liable.

Criminal Offenders

The surviving family members of a victim killed by a criminal act, such as assault, murder, armed robbery, etc., have the right to pursue a wrongful death claim against the assailant.

How to Prove Another Party Is Responsible for a Wrongful Death

To successfully hold another party liable for wrongful death, the representative of the deceased’s estate or surviving family members must prove the following:

• Duty of Care: The at-fault party owed the deceased a duty of care. For example, an at-fault driver owes a duty to others on the road to obey traffic laws, and a property owner must keep their premises reasonably safe for visitors.
• Breach of Duty: The at-fault party violated their duty by failing to act with the same level of care that a reasonable person would if in a similar situation—for example, driving drunk or failing to fix a known hazard on a property.
• Causation: The at-fault party’s breach of their duty directly led to the individual’s death. In other words, if not for the at-fault party’s actions, your loved one would not have died.
• Damages: The deceased’s estate or surviving family suffered financial and/or personal losses as a result of their loved one’s death.

A Las Vegas wrongful death attorney will be a valuable resource in helping you gather the necessary evidence to use as grounds for filing the claim and as proof of liability.