Wrongful death lawsuits are filed when a victim dies due to the reckless or negligent action of another party. As a civil case, wrongful death claims must be proven by a preponderance of the evidence. The evidence must meet a high legal standard, defining the action or inaction of the defendant as negligent. This differs from criminal cases, whereby a defendant must be found guilty through the presentation of strong and compelling evidence where the facts prove guilt beyond a reasonable doubt.

What Constitutes a Wrongful Death Claim?

Wrongful death is applicable in scenarios where the victim was killed through negligence or the desire to inflict intentional harm. Common examples include:

• Medical Malpractice: When a hospital or doctor fails to provide adequate levels of care or does not correctly diagnose or treat a dangerous condition, resulting in a patient’s death, survivors may have grounds for a wrongful death claim.
• Auto Accidents: This is perhaps the most common type of wrongful death case. According to the National Highway Traffic Safety Administration, over 35,000 people were killed in car-related incidents in 2015, the most recent year for which data is available. If a driver is found to have been drunk, texting while driving, or otherwise distracted, they may be liable for damages and death resulting from the accident. 
• Violence & Homicide: When an individual deliberately kills someone, the victim’s survivors may file a wrongful death lawsuit. Similarly, if someone accidentally kills another person during an unlawful act, such as robbery, they too may face civil litigation.
• Premises Liability: If the owner of a property is negligent in providing a safe environment for guests, they may be held accountable following a fatality. For example, if a bar owner fails to maintain the building, and a patron is killed due to a ceiling collapse, the owner may have a wrongful death suit filed against them.
• Product Defects: Manufacturers may face wrongful death claims when a dangerous or defective product causes a fatality. If the product causes multiple deaths, the victims’ family members may organize a class action lawsuit.

In these cases, the jury must determine whether it is more likely than not that the defendant’s actions or inaction lead to the victim’s death. They are also responsible for deciding what constitutes a fair award for the survivors.

Determining whether you have a legitimate claim can be challenging. If you have questions regarding a wrongful death or personal injury case, an attorney from Riggs Ellsworth & Porter, PLC in Show Low, AZ, will provide you with the professional and personalized legal counsel you need to obtain the answers and compensation you deserve. Visit the firm online or call (928) 537-3228 to schedule a consultation.