Who Pays in a Wrongful Death Lawsuit?

Wrongful death cases happen when someone passes away because of the careless actions of another person or group. Wrongful death lawsuits allow you as a loved one to pursue compensation from those responsible for your loved one’s death. Who pays in a wrongful death lawsuit will depend on whose actions caused your loved one’s death.

Establishing who was responsible can be difficult and involves carefully reviewing the evidence and sequence of events. You may want help from a wrongful death lawyer who can handle the entire case for you.

The Negligent Party May Have to Pay in a Wrongful Death Case

Negligence is a critical component in wrongful death lawsuits. It refers to the careless or reckless actions of another person or entity, and the negligent party may bear liability for your loved one’s passing. Negligence can apply to many unique circumstances, but it could look something like this in a wrongful death case:

• A​ person or group had a particular duty to act a certain way concerning your loved one.
• The person or group acted inappropriately, either by action or lack of action.
• An accident occurred because of the person or group’s careless actions.
• Your loved one died due to the accident and the person or group’s actions.

The negligent party may have to pay in a wrongful death case, depending on the circumstances. However, even if someone directly caused your loved one’s accident, someone else could also be liable, such as in a truck accident. Here, a trucking company may have to pay.

Your lawyer will work to prove negligence in a wrongful death lawsuit. The goal is to prove that the person or group’s actions contributed to your loved one’s death. Based on the court’s ruling, you could be able to recover compensation if your case is successful.

The Responsible Party Depends on the Type of Accident or Injury

Your lawyer will help establish who may be responsible for your loved one’s death and help you determine the best way to recover compensation. This will involve going over who was involved in the accident and the actions everyone took, both in and after the accident.

Wrongful death lawsuits can involve almost any person or group, depending on the type of accident. However, here are some possible responsible parties and accident situations:

• Motor vehicle accident: In cases like this, your loved one passed away because of a motor vehicle accident. Another driver, those in charge of road maintenance, vehicle manufacturers, or a professional driver’s employer may be responsible for your loved one’s death.
• S​lip and fall accidents: In this situation, your loved one experienced a slip and fall injury that resulted in their death. Negligent store owners or business owners may be responsible, particularly if they failed to warn your loved one about potential hazards.
• Environmental exposure: This would be a case where your loved one was exposed to environmental hazards, such as cancer-causing chemicals. These chemicals can be transmitted through water, soil, the atmosphere, or in other ways. Often, someone can be exposed in the workplace or a residential area. These cases can involve major defendants, such as a government entity or a corporation, that may need to pay in the wrongful death case.
• P​remises liability: Your loved one was visiting or staying on someone else’s property and experienced an accident that caused their death. Property owners might be responsible for your loved one’s death if they failed to maintain a safe property. Or, they may be liable if they failed to warn about property hazards that were present.

In other words, then, who pays in a wrongful death lawsuit depends on the situation. A private individual, large or small business, government entity, product manufacturer, or another party could bear liability for your family’s losses.

In some situations, who should pay may not be immediately obvious. A wrongful death lawyer will know how to investigate and hold the appropriate parties accountable.

Compensation Available in a Wrongful Death Lawsuit

No amount of money can make up for the loss of your loved one. However, compensation can cover some of your expenses from your loved one’s death. Wrongful death lawsuits allow you to recover compensation through an out-of-court settlement or court trial. Compensation in a wrongful death case can help you to cover your loved one’s funeral costs and burial expenses, among many other losses.

Y​ou can also get compensation based on the loss of support you experienced. For example, you could get compensation for loss of financial or emotional support.

Begin Your Wrongful Death Case With a Free Consultation Today

Our team at Dismuke Law is ready to help you with your wrongful death case in any way we can. We will go over what happened and help you understand what sort of compensation you may be eligible to receive. You likely have many questions, and we are ready to help you answer them. Just ask Dave.

W​e are ready to help you seek closure and help you move forward after the death of your loved one. Contact us today to get started with a free consultation.