Defense Strategies in Wrongful Death Lawsuits

What is a Wrongful Death Claim?

If an individual (the "decedent") has died and his or her death was caused by the negligence or intentional acts of another, the surviving members of the decedent's family can file a wrongful death lawsuit. A wrongful death lawsuit is a civil in nature, meaning that if the lawsuit is successful, monetary damages will be awarded. As opposed to a criminal case, if an individual is charged and convicted of causing the death of someone, that person faces fines and prison time, but no money is awarded to the family of the decedent. Wrongful death claims can be brought anytime an individual is alleged to have been killed by someone else, but some of the common scenarios giving rise to wrongful death claims are listed below:

• Medical Malpractice - an individual dies due to the negligence of a medical professional.

• Car Accident - an individual dies in a car crash and the crash was caused by someone else.

• Workplace Accident - an individual dies performing the duties of his or her employment.

• Dangerous Property - an individual dies to the negligent upkeep of another's property or the individual dies due a dangerous condition on the property.

• Intentional Act - an individual is intentionally killed by another person. A person can be both criminally and civilly responsible for the death of the individual.

What Has to be Proven in a Wrongful Death Case?

Just because an individual dies does not automatically give rise to a wrongful death claim. Many times, deaths occur due to unfortunate accidents where no one is at fault. In order for a wrongful death claim to proceed and ultimately be successful, the decedent's representative initiating the lawsuit must prove by a preponderance of the evidence that another individual actually caused the decedent's death. Courts generally require three factors to be met in a wrongful death case -

1. Duty of Care - the plaintiff bringing the lawsuit must show that the defendant in the case owed a "duty of care" to the decedent. Duty of care generally means that the defendant had an obligation to act reasonably toward the decedent during the situation that lead to decedent's death. For example, a surgeon owes a duty of care to his patients and must operate on them in a non-negligent manner in accordance with accepted medical standards.
2. Breach of Duty of Care - the plaintiff must show that the defendant breached his or her required duty of care. Taking the example from above, a surgeon owes a duty of care to his patients. If a surgeon performs surgery while intoxicated, this surgeon has breached the duty of care.
3. Causation - the plaintiff must show that the defendant's actions caused the decedent's death. In the surgery example, if the surgeon perforated an artery of the decedent during surgery and this perforation was due to the surgeon's shaking hands because of his intoxication, then the element of causation will likely be met.

What are the Penalties in a Wrongful Death Case?

If a plaintiff can establish the three elements necessary to prove the defendant caused the decedent's death, then the plaintiff is entitled to damages from that defendant. Again, wrongful death cases are civil cases so the plaintiff can only get monetary compensation from the defendant. Determining how much money a plaintiff is owned from a wrongful death settlement is often a complex calculation of the value of the decedent's life. While no amount of money makes up for a loss of life, the following are factors used in the valuation of wrongful death damages:

• The decedent's earning capacity had he or she lived a full life.

• The decedent's age.

• The decedent's health status at the time of his or her death.

• The medical expenses incurred as a result of incident that led to decedent's death.

• Funeral expenses of the decedent.

• Whether or not the decedent had a spouse or children.

The above does not represent an exhaustive list of factors used in determining damages stemming from wrongful death. Each wrongful death case must be evaluated on the totality of the circumstances to arrive at a correct valuation for damages owed.

Effective Defense Strategies for Wrongful Death Claims

Legal defense strategies to wrongful death claims will depend on the circumstances of the facts giving rise to the alleged wrongful death. The facts of each case need to be critically analyzed to see where certain defenses might be appropriate. Defenses to wrongful death can be as follows -

• No causation. Causation is a key element the plaintiff must prove in a wrongful death action. The defendant's actions or inactions must have actually caused the death of the decedent. A defendant can succeed in a wrongful death case if he or she can establish a break in the chain of events that led to decedent's death. For example, in a car accident case, if the defendant can show that decedent died due to not wearing a seatbelt even though defendant hit decedent's car, the defendant can prove it was not defendant's driving that caused decedent's death.

• Negligence on part of decedent. In certain jurisdictions, if the decedent was negligent in his or her actions in addition to the defendant's, recovery on part of the plaintiff will not be allowed. A defendant must show that the decedent engaged in behavior that contributed to his or her own death.

• Assumption of Risk. In certain circumstances, if a decedent assumed the risk of an activity that caused his or her death, the plaintiff cannot recover any damages. To successfully assert this defense, the defendant must prove that the decedent knew and fully understood the risk and danger of undertaking the actions that ultimately led to his or her death.

• Engaging in Illegal Activity. A plaintiff can usually not recover any damages in a wrongful death action if the decedent was killed during the course of the decedent engaging in some sort of illegal activity. For example, if the decedent was killed when he or she was participating in a home invasion of an individual, then a plaintiff will not be able to recover damages stemming from decedent's death.

The type of defense available to defendants in wrongful death claims is fact specific and should be evaluated and prepared by an experienced attorney. By not developing a solid defense strategy to wrongful death claims, defendants leave their financial interests exposed.