Wrongful Death Cases
When an injury results in death, close relatives of the victim can file a wrongful death case. (Had the incident caused just an injury, the case would have likely been a personal injury claim.) Different states allow for different family members to file wrongful death claims. If someone close to you has died from another’s neglect, contact a personal injury attorney to file your case immediately.
Generally, wrongful death cases occur because of an accident stemming from neglect. Intent to cause harm would mean the case is a criminal matter. For example, if a construction crane falls and kills someone walking by the construction site, the victim’s family would file a wrongful death case.
Not all wrongful death claims, however, are easy to identify or prove. For example, if a skier hits a tree and dies while skiing, generally the business that owns the ski trail wouldn’t be liable in a wrongful death case. Skiing has some inherent risk and the skier assumes most of that risk. However, if the trail had been mismarked as an easy path, but was, in fact, intended for more experienced skiers, the owner could be held liable. Again, neglect is key in proving that ski trail management should have more diligent about guiding less experienced skiers to the safer options.
Spouses, parents, and children are responsible for filing the wrongful death case. If you have a family member that you suspect died because of someone else’s neglect, contact a lawyer immediately. Evidence of neglect disappears quickly and witnesses become hard to locate. Don’t let a wrongful death go unnoticed.
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