What is a Wrongful Death?

Estate Planning Lawyer

Dealing with grief due to the overwhelming loss of a loved one is hard to imagine. One course of option that helps somewhat is knowing that an experienced and competent attorney is on your side. At a law firm the legal advice is usually actionable and should help. They know that dealing with the end of a loved one’s life can be one of the most challenging things to endure. Attempting to accept and heal from the passing can become even more difficult if the death was a result of another person’s carelessness. Depending on the circumstances of the death, surviving family members might be able to file a wrongful death lawsuit against the party, person or company at fault.

Our team of strategic lawyers can help you get through this time of grief. We understand that you might be having trouble keeping up with daily routines. Seeking justice for a wrongful death cannot bring a loved one back, but it can provide some closure for grieving family members.  

Elements of Wrongful Death

It is important for surviving family members who are considering filing a lawsuit to know the legal elements of wrongful death. An attorney can explain further what each of these factors mean in more detail. The four key elements of wrongful death cases that influence the ultimate verdict are:  

  1. Negligence
  2. Breach of Duty
  3. Causation
  4. Damages

How Wrongful Deaths Happen

Wrongful death is when someone is killed because of another’s misbehavior or negligence. Surviving family members who were dependent on the deceased may be entitled to receiving a fair amount of monetary compensation. Despite many health organizations, manufacturing companies trying to prevent such incidents from happening, wrongful death does still sadly occur through:

  • Car Accidents: if an automobile company had defective engine parts or other products in the vehicle, they may be held liable for related deaths.
  • Medical Malpractice: either a doctor or other medical staff commits an oversight, error or misdiagnosis that leads to the death of a patient.
  • Birth Injuries: the fetus or newborn baby does not survive either the pregnancy stages or birthing because of a mistake made on behalf of the doctor or medical staff.
  • Work-Related Accident: the death of an employee happens because of occupational hazards, dangerous work environments, and/or exposure to harmful substances.

Seeking Justice with a Lawyer

In addition to the wrongful death, the surviving family may also be able to recover damages associated with any pain or suffering the loved one had experienced prior to passing away. A wrongful death lawyer Tysons, VA trusts can offer words of wisdom as you file a lawsuit against the person or party at-fault for the wrongful death.



Thank you to our friends and contributors at Cohen & Cohen, PC for their insight into wrongful death cases and personal injury.

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