If the willful acts, omissions, or gross negligence of another person or corporation cause someone’s death, a wrongful death suit may be filed. Whether death results from a workplace injury, an auto accident, medical malpractice, or due to a defective product, it can be an actionable event.
Can You Sue For Wrongful Death?
When a person dies as a result of the wrongful act or omissions of another person or corporation, then the decedent’s heirs and beneficiaries are entitled to seek compensation for their loss in a court of law. The heirs and beneficiaries include surviving spouse, next of kin, and children of the deceased. If the death was caused by a family member though, then suing is prohibited under the Doctrine of Family Immunity. What this means is family members are protected from being sued by other family members in an effort to promote family harmony, and more importantly, to prevent family members from conspiring with each to kill other family members in an effort to defraud an insurance company.
There is also another exception and this applies to the government. A lawsuit against the government can only proceed if the government has waived its right under the Doctrine of Sovereign Immunity which bars lawsuits against them. There are states that will allow a wrongful death lawsuit to go forward against the government, but these are rare and commonly very strict notice requirements that must be met before a lawsuit can go forward.
Once the hurdles to filing a lawsuit have been overcome related to the above noted doctrines, there are also additional conditions, or facts, that must be supported if a wrongful death action is to prove successful. The following four conditions are:
1. That the death was caused, in whole or in part, by the intentional acts, omissions or gross negligence of another;
2. That the person or the entity, is liable for the death;
3. That there are surviving heirs, beneficiaries or dependents; and
4. That monetary damages have arisen as a result.
For a free legal consultation with a wrongful death lawyer serving Allen, call 800-863-5312
Because these are complicated conditions precedent, it is always advisable to seek professional advice when contemplating the filing of a wrongful death lawsuit. The attorneys at Zinda Law Group have years of experience handling wrongful death lawsuits, and we want to help you. We can help you to understand the complexities of the law.