When a loved one dies due to the negligence, recklessness, or deliberate behavior of another, the surviving family members may be entitled to file a wrongful death lawsuit.  A wrongful death lawsuit will allow the family to collect monetary damages for their loved one.

Wrongful Death Causes

Most wrongful death claims involve accidents. However, they can be the result of other incidents such as bad prescription medication, defective products or faulty parts such as an airbag. Common cases that result in a wrongful death lawsuit include:

  • Automobile accidents
  • Medical malpractice
  • Birth injuries
  • Product defects
  • Premises accidents
  • Criminal actions
  • Nursing home and assisted living abuse and neglect. 

How to Prove Wrongful Death

To prove wrongful death has occurred, the following must be established:

  1. Duty of Care– You and your attorney will need to prove that the defendant owed a duty of care to the deceased, and because that duty was neglected, the other person died.
  2. Breach of Duty of Care– You will also need to prove that the defendant breached the duty of care that was owed to the deceased.
  3. Causation– You must also prove that the negligent actions of the defendant directly caused the wrongful death.


Surviving family members can collect several types of damages after they have established that their loved one’s death was due to a wrongful act.  Damages include:

  • Medical bills and burial expenses
  • Compensatory damages for lost wages their loved one would have earned
  • Compensatory damages for pain and suffering
  • Punitive damages that are intended to punish the person who caused the death.

 Wrongful Death Attorney 

If you believe that your loved one’s death was caused by the negligence, recklessness or deliberate act of another, The Cochran Firm can help you understand your legal rights and determine if you should pursue a claim. Call us today at 1-800-THE-FIRM for a free consultation.

(Originally written by The Cochran Firm New York)