Common Causes of Wrongful Death Claims

Losing a spouse, child, parent, or any loved one is an incredibly painful experience. That pain is only magnified when the loss is the result of someone else’s negligence or intentional actions. While no amount of compensation can fill the void, a wrongful death lawsuit can help ease the financial burden and offer families a sense of justice and accountability.

What Is A Wrongful Death Case?

A wrongful death case is a civil lawsuit brought by a close family member or the representative of the deceased person’s estate. These cases are filed when someone dies as a result of another party’s careless, reckless, or intentional behavior.

Unlike criminal cases, wrongful death lawsuits don’t require proof “beyond a reasonable doubt.” Instead, they operate under a lower standard known as a “preponderance of the evidence,” meaning the claim is more likely than not to be true. One of the most widely known examples is the O.J. Simpson case. Though he was acquitted of murder in criminal court, he was later held liable for wrongful death in a civil lawsuit brought by the victims’ families.

Common Causes Of Wrongful Death Claims

Wrongful death claims arise in a wide variety of circumstances. While every case is unique, certain types of incidents frequently lead to these lawsuits:

Automobile Accidents

Car, truck, and motorcycle crashes are among the most common causes of wrongful death in the U.S. Fatal accidents may result from drunk driving, distracted driving, speeding, failure to obey traffic laws, poor road design, or defective vehicle parts.

Bicycle And Pedestrian Accidents

Vulnerable road users, especially cyclists and pedestrians, often suffer fatal injuries when drivers fail to pay attention or yield properly. In many cases, distracted or reckless driving is to blame.

Medical Malpractice

Doctors and other healthcare professionals have a duty to adhere to established standards of care. When they fail (through misdiagnosis, surgical errors, medication mistakes, or failure to treat) fatal consequences can result. Families have the right to seek justice through a wrongful death claim.

Product Liability

If a person dies due to a defective product, whether poorly designed, improperly manufactured, or lacking adequate warnings, the manufacturer or seller may be held liable. Recent cases have expanded product liability to include harmful marketing, such as in lawsuits against Juul Labs for its role in teen addiction-related deaths.

Workplace Accidents

Some jobs, particularly in construction, transportation, and industrial settings, carry a higher risk of fatal injuries. Employers may be held liable if unsafe conditions, inadequate training, or faulty equipment caused the death.

Intentional Acts (Assault and Homicide)

Not all wrongful death claims involve accidents. Intentional violence, such as assault, battery, or homicide, can also lead to civil liability. Even if no criminal conviction occurs, families can still pursue justice through civil court. For example, the family of Trayvon Martin filed a wrongful death lawsuit against the homeowners association of the gated community where he was fatally shot by neighborhood watch volunteer George Zimmerman, alleging negligence in supervising and enabling Zimmerman’s actions. The case ultimately resulted in a confidential seven-figure settlement.

Premises Liability

Property owners are required to maintain safe conditions. Fatalities can result from hazards such as broken stairs, inadequate security, falling debris, or fires. Inadequate maintenance or security may lead to claims under premises liability.

Nursing Home Neglect And Elder Abuse

Tragically, some elderly individuals suffer fatal neglect or abuse in long-term care facilities. This may include untreated infections, falls, medication errors, or even premature declarations of death. Wrongful death lawsuits can hold negligent caregivers and facilities accountable.

Military And Government-Related Incidents

While laws like the Feres Doctrine limit wrongful death claims against the military, growing awareness and legislative change are creating exceptions — especially in cases involving medical malpractice at military or VA hospitals.

Who Can File Wrongful Death Claims And What Can Be Recovered?

Each state has specific laws governing wrongful death claims. In Pennsylvania, for example, a wrongful death claim must generally be filed within two years of the death. Typically, the deceased person’s spouse, children, or parents are eligible to bring a lawsuit. If no such individuals come forward, the estate’s representative may pursue the claim.

Damages in a wrongful death case may include:

• Medical expenses related to the fatal injury
• Funeral and burial costs
• Loss of income and benefits that the deceased would have provided
• Loss of companionship and emotional support
• Loss of consortium (for spouses)
• Pain and suffering (of both the deceased and the surviving family)

Speak With A Trusted Wrongful Death Attorney

At Ross Feller Casey, we understand the emotional and financial devastation a wrongful death can cause. As the leading catastrophic injury firms serving Pennsylvania and New Jersey, we’ve won multimillion-dollar recoveries for clients just like you.

If you believe your loved one’s death could have been prevented, don’t wait to explore your legal options. Contact Ross Feller Casey today for a free consultation. We’re here to help you understand your rights and fight for the justice your family deserves.