A wrongful death lawsuit is a lawsuit filed on behalf of a family member whose loved one has passed away due to negligence, carelessness, or violence. In this article our legal team will discuss wrongful death cases, including some of the most common causes of wrongful deaths, and give you advice on what to do next if you suspect you have a wrongful death case. 

We know that dealing with the unexpected death of a loved one is a very distressing and upsetting situation. When their death was caused by someone else’s negligence or carelessness, it can be even more difficult to know what to do and who to hold responsible. If you think you have a wrongful death case, please contact us today so we can help.

Key elements of a wrongful death lawsuit

Wrongful death lawsuits must meet specific criteria: 

  • Negligence. You must be able to prove that your loved one’s death was a direct result of someone else’s carelessness or negligence. 
  • Breach of Duty. You’ll also need to prove that the person or people responsible for your loved one’s death has breached their duty of safety. For example, if your loved one passed away as a result of a medical accident, you can posit that their doctor had a duty of care to keep them safe, which was breached as a result of their death. 
  • Causation. Successful wrongful death lawsuits are able to prove that a person’s death was directly caused by the actions – or lack thereof – in question. 
  • Damages. You’ll need to present a list of damages you’ve incurred as a result of your loved one’s death, including medical costs, funeral and burial expenses, loss of income, and pain and suffering the victim endured before they passed away.

Common causes of wrongful death cases

  • Defective products. Many defective products are recalled, but that doesn’t mean no damage is done. Product manufacturers have a legal obligation to provide safe products to the general public.
  • Abuse or neglect in assisted living facilities. We put our elderly parents in assisted living facilities hoping they’ll receive the best care around the clock, but unfortunately, this isn’t always the reality. 
  • Hazards at work. Unsafe working conditions are the cause of many injuries and deaths, despite the fact that employers have a legal obligation to provide a safe working environment and to protect their employees from any potential hazards. 
  • Medical malpractice. We trust doctors and other medical professionals with our health and with our lives, so when they make errors the stakes are much higher than in other parts of our lives. 
  • Car accidents. Anyone who drives regularly in South Florida knows how frustrating it can be! Distracted driving or just plain old bad driving is responsible for thousands of wrongful deaths every year.

What to do if you think you have a wrongful death case

If your loved one has passed away due to someone else’s negligence, carelessness, or violence, you need an experienced legal team who can help you navigate the process of filing a wrongful death case. We understand that this is an emotionally distressing time, and we’re here to advise you and your family about the best way to move forward. 

If you want to file a wrongful death lawsuit and have questions about what to do next, please contact our team at Mausner Graham Injury Law today. You need professional legal guidance during this difficult time, and we look forward to speaking with you.