Losing a loved one is never easy, but when their death may have been preventable, the pain can cut even deeper. Wrongful death occurs when someone’s life is taken due to another person’s negligence, misconduct, or deliberate actions. But how can you determine if you may have a wrongful death claim? Below, we’ve outlined 10 signs that could indicate your family deserves justice—and compensation.
What is a Wrongful Death Claim?
Before we get into the signs, it’s essential to understand what qualifies as “wrongful death.” Legally, a wrongful death claim arises when someone dies as a result of another individual or entity’s failure to act responsibly. These cases can stem from accidents, medical malpractice, defective products, or even criminal behavior.
If you’re uncertain whether your situation qualifies, the following signs may help clarify whether legal action is worth pursuing.
10 Signs You May Have a Wrongful Death Claim
1. Negligence is a Factor
If your loved one’s death was caused by negligence—like a reckless driver running a red light or a medical professional failing to provide standard care—you may have grounds for a wrongful death claim. Negligence means someone failed to act with the level of care that a reasonable person would in similar circumstances.
2. Medical Malpractice Played a Role
Did your loved one die during or after a medical procedure? Was their death linked to a delayed diagnosis, surgical error, or medication mistake? These could be signs of medical malpractice, which often forms the basis of wrongful death lawsuits.
3. Workplace Conditions Were Unsafe
Was your family member exposed to hazardous materials or dangerous equipment on the job? If workplace conditions violated OSHA (Occupational Safety and Health Administration) standards, or safety measures were neglected, their employer may be held liable.
4. A Vehicle Accident Was Caused by Another Party
Motor vehicle accidents are one of the leading causes of wrongful deaths. If your loved one’s accident involved a drunk, distracted, or reckless driver, you may be able to seek compensation on their behalf.
5. Defective Products or Equipment Were Involved
If a faulty product, unsafe machinery, or malfunctioning equipment led to your loved one’s death, you might have a claim against the manufacturer, distributor, or designer.
6. An Unlawful Act Resulted in Their Death
Wrongful deaths can also arise from criminal actions, such as assault, robbery, or murder. Even if criminal charges are already being pursued, you can still file a wrongful death lawsuit to recover civil damages.
7. Unsafe Premises Contributed to the Accident
Did your loved one pass away due to a slip-and-fall accident, drowning, or another incident on someone else’s property? If the owner failed to maintain safe premises and it led to the death, they could be held accountable.
8. There’s Evidence of Medical Errors
Perhaps the medical staff failed to monitor your loved one’s condition, administer the correct treatment, or inform the family about critical health decisions. Medical errors, no matter how small they may seem, can result in devastating losses.
9. The Responsible Party is Insured or Financially Liable
If the party you believe caused the wrongful death has insurance coverage or financial resources to pay damages, this increases the feasibility of pursuing a claim. Insurance companies often settle wrongful death cases, but having legal representation is crucial.
10. You Have Suffered Financial and Emotional Losses
A key element of a wrongful death claim is proving damages. If your family has experienced funeral expenses, medical bills, lost income, or significant emotional pain, you may be eligible for compensation to help cover these losses.
How to Proceed if You Suspect Wrongful Death
If any of these signs resonate with your situation, it’s important to act promptly. Each state has a statute of limitations—meaning there’s a limited window of time to file a wrongful death lawsuit. Gathering evidence, including medical records, police reports, and witness statements, will strengthen your case.
However, navigating the complexities of wrongful death claims alone can be overwhelming. Consulting experienced legal professionals ensures that every detail is examined and your rights are protected.
Why Choose Larsen, Larsen, Nash & Larsen?
At Larsen, Larsen, Nash & Larsen, we understand the immense grief and uncertainty that follows the loss of a loved one. Our compassionate team is dedicated to helping families seek justice and hold responsible parties accountable. With decades of experience handling wrongful death cases, we’re here to provide the support and legal expertise you need during this difficult time.
Contact Us Today
If you suspect wrongful death may have taken your loved one from you, don’t wait. Reach out to the trusted team at Larsen, Larsen, Nash & Larsen for a free case review. We’ll help you understand your options and fight tirelessly to achieve the justice your family deserves.
Contact us today at (801) 964-1200 or visit larsennash.com to get started on your case. Justice may be overdue, but it’s never out of reach.
