“Wrongful Death” is a legal action brought when a negligent act leads to death. It may be a situation in which death is the immediate result, or it may occur after a period of time. Examples can include motor vehicle accidents, products liability and medical negligence.
Wrongful death actions are statutory actions controlled, in most cases, by the specific statutes of the state where the negligence or death occurred. Different states have different laws involving wrongful death, but these laws will almost always define who can sue for wrongful death and the types of negligence that can result in such cases.
In most states, in order to bring a wrongful death case, the plaintiff must prove that “but for” the negligence, death would not have occurred. If there was a substantial chance that death would have occurred even without negligence, it usually is not a wrongful death case, but rather a “lost chance of survival” claim.
Because of the complexity of the wrongful death laws, it is important that you consult with an attorney who is experienced not only in handling wrongful death actions, but also the type of case, whether it is medical malpractice, personal injury or products liability. If you have questions, please contact St. Louis medical malpractice and personal injury attorney Todd N. Hendrickson.
