Law Library Articles
Top 10 Wrongful Death Law Articles in the LegalMatch Law Library
One day as you are walking across the street, a car speeds out of nowhere and slams straight into you, causing you to perish immediately on the spot. Luckily, your family can avenge you and even get some money to pay for your funeral through a wrongful death suit.
Wrongful death suits can be filed by the immediate family of someone who has been killed due to the negligent, careless, or intentional acts of others. As a starting point for people dealing with a wrongful death, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Wrongful Death Law.
1. Defenses to Wrongful Death Actions
A defendant in a wrongful death case has several possible defenses. They can argue their actions did not cause the death or that they acted in self-defense. They might also claim the person who died was participating in an unlawful act at the time. Read this article to learn more about your rights regarding defenses.
2. Loss of Consortium Lawyers
Loss of consortium is a legal term for the loss of companionship and affection from a loved one. Spouses can claim these damages when their partner is injured or killed due to someone’s negligence. Some states also allow children or unmarried partners to make this claim.
3. Bringing a Wrongful Death Lawsuit
A wrongful death lawsuit can arise from many situations, such as a car accident or medical error. To succeed, you must prove the defendant’s negligence caused the death and led to financial harm for the survivors. An attorney can guide you through the process and help you understand your rights.
4. Infant Wrongful Death Lawyers
The death of a child due to someone else’s negligence is known as infant wrongful death. This can result from medical malpractice, a defective product, or even abuse. Filing a claim involves consulting an attorney and gathering evidence to prove the other party’s fault.
5. Landowner Liability for a Child Drowning in a Swimming Pool
A property owner can be held responsible if a child drowns in their swimming pool. Under the “attractive nuisance” doctrine, owners must take reasonable steps to prevent children from accessing pools. This often includes having a proper fence and a secure gate.
6. Double Indemnity Laws
Double indemnity is a feature in some insurance policies that doubles the payout if a death is accidental. This clause can be important in a wrongful death case. It provides extra financial support to the family of the deceased.
7. Limits on Damages for Loss of Society, Companionship, Consortium
“Loss of consortium” refers to the loss of a relationship with a loved one due to an injury. The law allows spouses, children, and sometimes other family members to seek damages for this loss. However, many states have laws that limit the amount of money that can be awarded for this type of claim.
8. Wrongful Death Lawsuit
A wrongful death lawsuit is a civil claim filed by family members on behalf of a person who has died. The suit argues the death was caused by the defendant’s negligent or intentional conduct. It is separate from any criminal charges the defendant might face. Learn more by reading this article about wrongful death lawsuits.
9. Wrongful Death Damage Recoveries
Families who win a wrongful death lawsuit can recover several types of damages. These include economic damages to cover medical bills and lost future income. Families may also receive non-economic damages for pain and suffering.
10. Wrongful Death of Unborn Children Lawyers
Most states allow parents to file a wrongful death lawsuit if their unborn child dies due to someone’s negligence. The laws vary by state, with different standards for when a fetus is considered a person for legal purposes. An attorney can help parents understand their rights in this difficult situation.
