A wrongful death lawsuit could be pursued by a family in which a loved one would have had a personal injury claim, but died without being able to file one. The wrongful death lawsuit resembles the personal injury lawsuit. Still, it differs from the personal injury lawsuit in several key aspects.
Possible reasons for the passing of the person that has had an untimely death
Another individual killed him or her during the performance of an intentional action.
He or she was killed due to an unanticipated outcome, after a treatment, diagnostic or other medical procedure. In other words, the untimely passing had been caused by an act of medical malpractice. He or she was killed during a car crash.
None of the above reasons should include a situation where the fatal and untimely events that preceded the passing of a loved one were played out within a workplace. There is one exception to that exclusion of a workplace-related situation. If someone had meant to do harm to the now deceased worker, then that situation could become the reason for the filing of a wrongful death lawsuit, as per a Personal Injury Lawyer in St Thomas.
Comparing 2 specific elements of the burden for proving negligence
In a personal injury case, the plaintiff must show that the defendant’s breaching of a duty caused the reported injury. In a wrongful death lawsuit, the plaintiff must show that the defendant’s breaching of a duty caused the death of the person that was affected by that same breach.
Who could serve as a plaintiff, the person responsible for proving negligence?
In a typical case, that plaintiff would be a representative of the decedent’s estate. Still, that plaintiff might be a spouse, a parent or a grandparent. In some states the list of those qualified to be a plaintiff has been made longer. Still, that longer listing includes only close relatives.
For what sorts of damages could the plaintiff seek compensation?
If the decedent had received medical care, before his or her passing, then the plaintiff could seek compensation for the decedent’s pain and suffering. In addition, the plaintiff could ask to be reimbursed for the medical expenses. The plaintiff could request repayment of the money that had been spent on the funeral and burial. Family members might also seek compensation for a loss of inheritance, a loss of care and guidance, a loss of companionship or a loss of consortium.
Someone that chose to claim a loss of consortium would have had to enjoy a special relationship with the deceased. That relationship would have had to deliver a benefit that could only come from the deceased. For instance, a spouse might claim loss of consortium, due to absence of a sexual partner.