Every year, tens of thousands of people die as a result of preventable accidents. When people die due to these accidents, their loved ones may file a wrongful death suit to attempt to get justice for them, and hold those who caused the accident accountable. But what exactly is a wrongful death, and when can you sue someone for it?
What is a Wrongful Death Lawsuit?
Broadly speaking, a wrongful death suit is simply any type of personal injury suit where the person who was injured died as a result of their injuries. This means that any other type of accidental injury can become a wrongful death suit if the victim ultimately passed away from them. Some potential types of accidents that might become wrongful death suits include, but are not limited to:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall accidents
- Construction accidents
- Workplace-related injuries
- Accidents from poorly maintained premises
- Burn injuries
- Injuries from defective products
Who Can Sue For Wrongful Death?
Typically, when someone dies as a result of a serious accident, it is the executor of their estate who brings a lawsuit on their behalf. If the deceased person had no appointed executor, then their next of kin or legal guardian would bring the suit instead. Conversely, anyone who does not have a legal or familial relationship to the deceased will generally not be able to sue on their behalf. This ensures that there will be someone who can get justice for them and obtain compensation for the harm they suffered, without fear of too many people filing lawsuits for the same death.
Who Can Be Sued For a Wrongful Death?
Generally speaking, anyone who would normally be held responsible in the event of a personal injury case would also be held responsible for any deaths their negligence caused. To do this, a plaintiff must show three things:
- The defendant had a duty of care towards the victim.
- The defendant violated that duty by acting negligently.
- The victim died as a direct result of the defendant’s negligence.
What Should You Do if Someone You Love Died a Wrongful Death?
If someone you love was killed due to someone else’s negligence, you should contact a personal injury lawyer as soon as possible. An attorney with experience handling wrongful death claims can go over your case, and help you to create a legal strategy that best suits your needs. That way, you can make sure to get justice for those who can no longer fight on their own behalf.
If you or a loved one have been injured due to someone else’s negligence, you should seek out the personal injury lawyers at Zlotolow & Associates. Our seasoned New York personal injury attorneys bring more than two decades of trial experience to your case. We serve all five boroughs of New York City, as well as Nassau and Suffolk County. Our aggressive personal injury attorneys always demand maximum compensation. We have helped thousands of clients recover through settlements and courtroom verdicts.