If a person becomes responsible for another person’s death, they may be liable for both criminal and civil penalties. Most people understand this, as life is precious and our legal system tends to reflect that. But is it possible to sue for wrongful death if the death itself is an accident, completely unintended by the offender?
The short answer is yes.
But why? And how should you approach this situation?
Always Talk to a Lawyer
If you believe a loved one or someone close to you has died as a result of someone else’s actions or negligence, even if it was an accident, it’s important to talk to a wrongful death lawyer. This is important for several reasons.
A lawyer is going to be your greatest asset if you’re suing for wrongful death. They can help you understand your case, guide you through the necessary steps, support you during the stressful process, and fight for the best possible outcome. They’ll also represent you in court, if it comes to that.
More importantly, your initial consultation with a wrongful death lawyer will help you understand the context of the death in question. You may or may not have a strong case to bring. Either way, this initial consultation is typically free, so there’s no practical reason not to engage in it.
What Wrongful Death Is (and Isn’t)
Wrongful death refers to any fatality that occurs as a result of “wrongful” acts. These can be meaningful actions, such as a car swerving into your lane in a road rage incident, or a lack of action when one is expected, such as a medical professional failing to act on an emergency situation when it would be reasonable to expect them to do so.
Note that this requires another person to either act, or fail to act, in violation of an established responsibility. Not every accident counts as a wrongful death, even if someone else was involved. If you want to win a wrongful death case, you need to demonstrably prove that another person’s wrongful actions had a direct impact on the person dying.
These examples of wrongful death cases can help you understand how accidents can still be considered wrongful death.
- Car accidents. Car accidents can and do happen, and most of them are genuinely pure accidents. However, they tend to happen as a result of at least one driver’s negligence. If a driver operates a vehicle under the influence of alcohol, if they ignore posted signage, or if they excessively speed, they could be sued for wrongful death after their actions kill somebody.
- Medical malpractice. Similarly, doctors aren’t perfect. They make mistakes, despite their best intentions. But sometimes, these mistakes can be fatal, and even the best medical professionals need to be held accountable for that.
- Workplace hazards. Employers are responsible for maintaining a safe workplace environment, but it’s possible to slip up. Workplace accidents can be categorized as wrongful death as well.
Because it’s possible to commit wrongful actions that result in another person’s death, criminal charges may not be filed in all instances of wrongful death. However, if a person acted with malice, violent intentionality, or in a way that violated the law, criminal charges may be warranted. It all depends on the circumstances of the case.
Winning a Wrongful Death Lawsuit
If you win a wrongful death lawsuit, you may be entitled to compensation in the following categories:
- Medical bills
- Funeral expenses
- Lost income
- Loss of consortium
- Punitive damages
And if you want to maximize your chances of winning a wrongful death lawsuit:
- Preserve as much evidence as you can. You’ll have a much better chance of winning the case if you have an abundance of evidence to show exactly what happened and how it happened. Collect and preserve as much evidence as you can, including photos, videos, and even testimony from witnesses.
- Act quickly. Generally, you have two years from the wrongful death to bring charges; however, statutes of limitations vary by state. It’s important to act as quickly as possible to maximize your chances of success.
- Hire a lawyer (and trust their advice). A lawyer is going to be your professional representative, and they’ll guide you through the wrongful death case. Find a lawyer that you trust and follow all their recommendations and advice. You’ll be glad you did.
In short, you can sue for wrongful death even if it’s an accident, provided the death was attributable to the wrongful actions of another party. Some situations can be ambiguous in this regard, but if you talk to a wrongful death lawyer, you can get a better idea of whether you have a winnable case on your hands.