What is a wrongful death claim?

Wrongful death occurs when the death of an individual is due to the negligence of another. Medical malpractice accounts for most causes of wrongful death. Statutes vary by state, though, generally, parents of adult and minor children can sue for wrongful death and recover damages. The law allows those who have lost a child due to another's negligence to hold the responsible parties liable. Wrongful death claims are usually sought after by family members of the deceased. Damages usually depend on the relationship to the deceased. Again, depending on the relationship, damages can include loss of companionship, mental anguish, and future or potential financial contributions. As a result of these specific rules, it is important that anyone who is considering pursuing a wrongful death claim has an experienced attorney who understands these rules. Also, it is important to have an attorney who has experience with medical malpractice-related wrongful death because, depending on the state, laws vary in the recovery for non-economic damages.

The most important issue in any wrongful death claim is the cause of death. To succeed on a wrongful death claim, the plaintiff must be able to prove that there was negligence on the part of a doctor or nurse that caused the death of the patient. In almost any hospitalization, there are usually multiple acts of negligence, including medication errors, lab errors, or other treatment errors, that may or may not be related to the cause of death. When a patient dies, the doctors involved in the care of the patient may not ask for an autopsy. Because of the importance of linking the cause of death to negligent care, an autopsy is usually required to be successful in a wrongful death claim. Without an autopsy to establish the specific cause of death and the significance of any underlying conditions, it may not be possible to prove that negligent care was the cause of death.

Each wrongful death case is different, and laws regarding what is and what isn't compensable vary by state. A guardian of a deceased child may be able to recover damages such as medical expenses, lost financial support, loss of love and companionship, mental anguish, and psychological treatments.