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What Classifies as a Wrongful Death?

If someone caused the death of one of your loved ones, you may have grounds to file a wrongful death lawsuit. Wrongful death can occur when a person’s negligence, recklessness, or ill intentions caused the death of another person. If any of these sounds like what happened to your loved one, you may have a viable case worth pursuing.

Vehicular Accident

Auto insurance is intended to protect drivers against lawsuits from other drivers, but you could still sue if your loved one died in a vehicular accident because of another driver’s gross negligence. You may have a case if the other driver was under the influence at the time of the accident or drove while knowing their car was not street safe, either of which could put themselves and the drivers around them, like your loved one, in danger. Wrongful death lawsuits are also sometimes filed against drivers who were driving at excessively high speeds or failed to obey other traffic laws.

Murder or Manslaughter

If someone intentionally killed your loved one, a wrongful death claim can be made. Even if the killing wasn’t premeditated, you may still be eligible to pursue a wrongful death claim if your loved one’s death happened because of another person’s malicious actions. A wrongful death attorney can assist you while you attempt to get justice for your deceased loved one by guiding you through the legal process and arguing your case in court.

Receiving Medical Care

If your loved one died because of a health care provider’s actions or inactions, you can file a wrongful death lawsuit for medical malpractice. Whether your loved one died because of a misdiagnosis or while undergoing surgery, a wrongful death claim may be applicable. Health care providers who prescribe unsafe medications for patients can also face wrongful death lawsuits.

A Defective Product

Defective products that malfunction and kill consumers are often used to justify wrongful death lawsuits. Whether the part was constructed poorly or made from inferior parts, the manufacturer may be required to pay you compensation and adhere to additional punitive actions if you can prove that the part or product as a whole caused your loved one’s death. A particular product may have also caused the person’s death if it didn’t have a clear warning displayed on it.

The loss of a loved one is already tragic enough, but you can take the measures to remedy the situation as much as possible by filing a wrongful death lawsuit if someone else is responsible for your loved one’s passing. With the proper legal guidance, you can pursue your wrongful death claim and may receive compensation for your loss if you win your case in court or agree to a settlement.

Kara Masterson is a freelance writer from Utah. She graduated from the University of Utah and enjoys writing and spending time with her dog, Max.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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