What Constitutes Wrongful Death?

A wrongful death claim arises when a party’s negligence, recklessness, or misconduct directly results in someone’s death. Common scenarios include:

Wrongful Death Involving Law Enforcement: Police officers must follow strict protocols when using force. When they act negligently or unlawfully, it can result in fatal consequences.  Examples include unjustified police shootings, excessive force, and use of dangerous restraining techniques that lead to suffocation.

Wrongful Death in Prisons and Detention Centers: Correctional facilities have a duty to protect inmates from harm. When prison staff act negligently, recklessly, with deliberate indifference, or are intentionally abusive, inmates may suffer fatal injuries.  Examples include fatal beatings by guards, untreated medical conditions, and inmate-on-inmate violence due to lack of supervision.

Medical Malpractice and Negligence: Healthcare providers, including, but not limited to, doctors, nurses, and hospital staff, must uphold a certain standard of care. If they deviate from that standard of care and that deviation results in death of the patient, the patient’s family may have a cause of action for wrongful death.

Motor Vehicle Accidents and Negligent Drivers: Negligent, reckless, or impaired driving can lead to fatal accidents, making the responsible party liable.  The deceased’s family may have a cause of action for wrongful death.

Who Can File a Wrongful Death Claim?

Wrongful death lawsuits are typically filed by the surviving family members or representatives of the deceased, such as:
✔ Spouses and domestic partners
✔ Children or legal dependents
✔ Parents of the deceased
✔ Estate representatives