What constitutes wrongful death?

The untimely death of a loved one is never an easy thing to handle. Knowing that someone else caused it to happen can be frustrating. Luckily, the law gives you the ability to seek damages from that other person for wrongful death.

FindLaw explains wrongful death occurs when one person causes the death of another.

Prove the case

If you wish to pursue a wrongful death claim, you will need to show that the other person somehow caused the death of your loved one. You also need to provide evidence that the person’s actions were due to neglect or intentional. For example, if your loved one died in a car accident because another driver did not stop at a stop sign, you would need to show that the other person failed to stop, which led to the accident that caused the death. Generally, if you can prove these two elements, you have a fairly solid case.

Receive damages

If the court rules in your favor, you can collect damages. You typically can receive money to pay for medical expenses and other costs directly associated with the death, such as funeral costs. You also may be able to collect for the loss of companionship and for the pain you have suffered as a result of the loss of your loved one. In some cases, you will be eligible to collect on the loss of income and future income that your loved one could have earned.

Keep in mind that a lawsuit is not to alleviate the pain of the death. It is to hold the other party accountable in hopes that he or she will never get into this type of situation again and that it can help other people to avoid making the same mistakes.