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Wrongful death is any death that is caused by another party’s negligence. A wrongful death suit constitutes an increasing number of civil cases brought forth in the United States, with many being caused by motor vehicle deaths and medical malpractice. However, wrongful death cases are not limited to these two categories. These cases can result from many different causes, including (but not limited to):

• Aircraft accidents

• Boating accidents

• Workplace accidents

• Criminal activity

• Dangerous substances

• Unsafe/unsanitary living conditions

• Prescription drug side effects

Statistics

In 2008 alone, the U.S. Department of Transportation reports that there were 37,261 wrongful death related highway fatalities, a startling percentage of the 39,800 total. While the number of traffic-related fatalities is down from 2007, the number of civil suits brought on by the the families and friends of the deceased are on the rise. Additionally, the number of wrongful death suits stemming from medical malpractice is also on the rise. By 2004, the Center for Disease Control estimated that deaths caused by incorrect prescriptions rose 68 percent from the preceding years. This represents an increase from 11,000 deaths to 20,000 deaths nationwide, all of which are unfortunate and preventable tragedies.

Leading Causes

Deaths caused by prescription medicine side effects are also a leading cause of wrongful death suits. In this case, the liable party is generally the company that produced the drug, not the individual doctor who prescribed it. While a case may sometimes be made against the individual doctor or practice, consultation with an attorney familiar and experienced with wrongful death cases is an important step. From an ethics standpoint, it is important to pursue damages only from the negligent party; other parties may have acted reasonably leading up to the death.

Effects

The effects of wrongful death can be long-lasting on the family and friends of the deceased. While the grieving period immediately following the death of a loved one may take a long period of time to recover from, the immediate concerns regarding medical bills and lost income may cause a large burden on those close to the deceased. If the death was caused by the negligence of another party, it may be a necessary step to seek monetary damages. Doing so will not only relieve the burden caused by the mounting medical and funeral costs, but will also ensure that the other party is sufficiently prevented from again performing the actions leading to the death. Thus, the damaged party has a financial, legal, and moral responsibility to seek damages from the negligent party in the case.

This is particularly true in cases where the deceased was killed by a person driving under the influence; the family has a moral obligation to pursue damages under the fullest extent of the law. An important point to make is that monetary damages are not simply limited to medical and funeral costs. Wrongful death suits may also be brought against the negligent party for lost income, particularly if the deceased generated the bulk of the household income. In such rulings, the damaged party would be entitled to the expected income potential of the deceased individual over the course of his or her lifetime.

Wrongful death suits may be pursued for loss of a loved one, even if there was no loss of long-term income potential. The mental and emotional trauma caused by the loss of someone who was cherished by friends and family may be grounds for filing a lawsuit. Certainly a monetary award will not bring the deceased back to life or fill any void in the lives of those family members remaining, but such an award may ease the burden. For example, a widowed parent with children may use such an award to provide child care that was once provided by the deceased. Along those lines, such an award may be used to fund a child's college tuition when he or she is old enough to attend.

If you feel that you should be entitled to monetary damages caused by wrongful death, consultation with an experienced attorney is a necessary step toward your own peace of mind.