Wrongful Death Examples and Cases

Death is often tragic and unexpected. Overwrought with emotional distress, you may find yourself wondering why someone you love was taken from you so soon due to an accident or another’s negligent actions. At what point does negligence actually constitute a wrongful death case? Without a proper investigation, it can be tough to say.

Wrongful death occurs when an individual's death is directly caused by the wrongful act or negligence of either a person or business.

In wrongful death cases, plaintiffs are entitled to financial compensation from the party found culpable for it. Families filed wrongful death lawsuits as a means of seeking justice when criminal charges cannot be filed or when the defendant is acquitted in a criminal trial and is not considered at legal fault.

Here is a closer look at what a wrongful death legal claim is and what it involves. In a criminal homicide case, the prosecution must prove the defendant's guilt beyond a reasonable doubt, which is a much higher standard than in civil wrongful death lawsuits. Civil cases do not require proof beyond a reasonable doubt, making it possible for families to succeed in seeking justice even if a criminal conviction is not obtained. For example, in the OJ Simpson case, Simpson was acquitted of murder in criminal court but was later found liable for wrongful death in a civil lawsuit.

Defining Wrongful Death

Wrongful death is defined as the loss of life resulting from an unjust or improper act caused by another person. These acts include but are not limited to negligence, medical malpractice, battery, assault, manslaughter, and murder. A wrongful death claim is a civil claim brought when a person's death is caused by someone else's negligence or wrongful actions. Wrongful death cases are typically filed by close family members or the representative of the deceased's estate, who may receive compensation for both the personal loss and the loss of financial support. A spouse, child, or legal dependent of the deceased, or the representative of the deceased's estate, may have suffered monetary damages in addition to the pain of losing a loved one. Wrongful death claims can be filed by immediate family members, legal dependents, or the representative of the deceased's estate. To successfully pursue a wrongful death claim, certain elements must be proven: duty of care, breach of duty, causation, and damages, which are also central in hospital wrongful death settlements.

Because wrongful death is a civil proceeding, it is separate from any criminal proceedings that might pertain to the death in question. The burden of proof in a wrongful death lawsuit is lower than in a criminal case, requiring only a preponderance of evidence rather than proof beyond a reasonable doubt. If a defendant is acquitted in a murder trial, the family of the victim may still choose to sue for wrongful death in civil court. In many instances, families that have chosen to file a claim for damages after the end of the criminal proceedings have found the civil court judge to rule in their favor.

A wrongful death lawyer can help families navigate the legal process, build a strong case, and hold responsible parties accountable. Below, we provide examples of wrongful death cases to illustrate how these claims arise and are handled in practice.

Examples of Situations That Can Result in a Wrongful Death Case

Wrongful death can be a broad category in civil lawsuits. To better understand how these cases arise, it's helpful to look at real-life examples of wrongful death. For instance, a car accident in which one party died could constitute a wrongful death claim, as could a failure to diagnose a serious illness. Car accidents are the most common cause of wrongful death due to the high number of drivers and frequency of driving. The vast majority of car accident fatalities are the result of at least one driver's negligence, such as speeding or driving under the influence. In these cases, someone else's negligence is often the significant cause of fatal injuries or serious injuries that ultimately lead to a wrongful death claim. The best way to identify wrongful death so that you know if your claim applies is to look at real-life examples.

Car Accident

Car crashes are among the most common types of incidents discussed in wrongful death cases. Car accidents are the most common type of wrongful death case due to driver negligence, including distracted driving, drunk driving, and other negligent behaviors. Motor vehicle accidents, which include car crashes, truck accidents, and motorcycle collisions, are a leading cause of traffic-related fatalities and wrongful death lawsuits.

On September 10, 2011, Dennis Zavinski of Streetsboro, Ohio was driving along State Route 14 when the accident occurred—he was hit by a tractor-trailer that crossed the road’s median strip. The driver of the tractor-trailer was uninsured, and Zavinski was killed in the accident. In addition, there had been an uptick in accidents along State Route 14 since it had recently been paved, especially when the roads were wet. His wife, Monique Zavinski, sued the Ohio Department of Transportation in 2017 and the court ruled in favor of her. When the ODOT filed an appeal, the Court of Appeals decided to uphold the ruling.

A notable example is the case of Michael DeMella, who was awarded $24 million after his pregnant wife was killed by a drunk driver who crashed into a cabana in Fort Lauderdale. This tragic incident highlights the devastating consequences of driver negligence in motor vehicle accidents.

Another tragic case involved Hannah Krajewski and Devaughn Gresham, who were killed when a semi-truck lost control due to driver error and crashed into their vehicle on I-95. This truck accident led to a wrongful death lawsuit, emphasizing the dangers of losing control of large commercial vehicles and the severe outcomes that can result from such incidents.

In a separate case, the family of a toddler who was killed by a car while selling flowers on Valentine's Day reached a $5.5 million settlement with the dealership involved. This case underscores the responsibility of all parties in motor vehicle accidents and the significant settlements that can result from wrongful death claims.

Commercial truck accidents are particularly dangerous and often result in wrongful death due to the sheer weight and size of the vehicles involved. These truck accidents can be caused by driver error, mechanical failure, or losing control, and frequently lead to catastrophic injuries or fatalities.

Pedestrian accidents also often lead to wrongful death lawsuits when a driver's negligence results in a fatal collision, further illustrating the broad impact of motor vehicle accidents on public safety.

According to the National Highway Traffic Safety Administration, distracted driving accounted for 3,142 deaths in 2019. Drunk driving kills around 28 people every day.

Medical Malpractice

Medical malpractice can result in wrongful death in several ways, often due to medical negligence. Medical professionals may prescribe a poor treatment that leads to a patient’s death, fail to catch a terminal illness, or mishandle a surgery or medication resulting in the death of the patient. Medical negligence, such as surgical errors or misdiagnosis, can also cause severe brain injuries that may prove fatal. Given that medical malpractice deaths per year are estimated in the hundreds of thousands, these cases highlight how crucial medical records are as evidence, as they help establish the diagnosis, treatment timeline, and whether healthcare standards were met, which is essential for proving liability and damages in wrongful death claims.

An example of wrongful death due to medical malpractice was the case of an 86-year-old woman who was given medication that was 10 times her prescribed dosage. This is a clear instance of medication mistakes, where errors in prescribing or administering drugs can lead to fatal outcomes. The patient had a history of heart issues and was treated in the emergency room for congestive heart failure. When she was moved to a rehab facility, her transfer sheet stated that she should receive 0.625 milligrams of medical digoxin daily. The actual amount the doctor had ordered was 0.0625 milligrams.

The patient was given this incorrect dosage for four days before she was transferred to a different facility. She died six weeks later of cardiomyopathy and renal failure. The wrongful death case also found that the admitting nurse at the rehab facility had edited her file to hide the fact that the medication had been administered.

A high-profile example of a wrongful death lawsuit involving medical negligence is the case of Michael Jackson. His family filed a wrongful death lawsuit against his physician, Dr. Conrad Murray, after Jackson died from acute Propofol intoxication. Dr. Murray was found guilty of involuntary manslaughter, highlighting the legal consequences of failing to meet the standard of care.

Defective medical devices, such as malfunctioning pacemakers or faulty implants, can also cause fatal injuries and lead to wrongful death lawsuits. In these cases, manufacturers may be held liable if the device defect results in a patient’s death, and families should understand how defective medical devices can cause harm and give rise to product liability or medical malpractice claims.

Surgical Errors

Surgery is a precise and complicated procedure, with surgeons working directly with a patient’s internal organs. Surgical errors can cause serious injuries or fatal injuries, leading to wrongful death claims. This is why surgeons are trained to avoid deadly mistakes.

As an example, a young man was admitted to an Ohio hospital for gallbladder removal surgery. After his surgery, his blood pressure began to drop, but this information was not adequately communicated to the surgeon. As a result, the surgeon did not come to check on the patient, who died of internal bleeding. A wrongful death case was filed and won against the nursing staff of the hospital.

Misdiagnosis or Failure to Diagnose

A misdiagnosis or failure to correctly diagnose a patient’s condition can cause that condition to worsen, sometimes leading to death. In wrongful death claims involving medical malpractice, reviewing medical records is crucial to establish the diagnosis, treatment timeline, and whether healthcare standards were met. These records help demonstrate if medical negligence occurred, which is why many families turn to experienced medical malpractice lawyers in Cincinnati to evaluate potential claims. One example of this occurred in Montgomery County, Ohio in 2009, when 34-year-old Karla Fountaine suffered a gestational hypertension stroke shortly after giving birth to her son. Dr. Cheryl Gill and her team, who all had a duty of care obligation to the patient, failed to diagnose preeclampsia, a condition that causes higher blood pressure and increased pregnancy risk.

Defective Products

Wrongful death claims due to defective product accidents typically occur when there is a flaw in the design of the product or when the product fails to work the way it should, often resulting in fatal injuries. Companies may cut corners when it comes to the quality of manufacturing or safety regulations and testing, putting out a potentially dangerous product.

One notable example involved a Sarasota mother who sued IKEA after her toddler was killed by a falling dresser, resulting in a settlement for an undisclosed amount. Although IKEA recalled these products in 2016 and began to take measures to avoid tip-over, these lawsuits brought to light instances of wrongful deaths caused by IKEA furniture going back to 1989.

Another tragic case is the Hamlet Chicken Processing Plant fire in 1991, which resulted in 25 deaths. Multiple wrongful death lawsuits alleged that the plant's owner failed to provide proper safety measures, leading to fatal injuries among workers.

A grieving family also settled a wrongful death lawsuit against Orlando's Icon Park after their son died from a fatal fall from a free-fall ride. The lawsuit alleged negligence and improper supervision, and the settlement helped address the family's loss.

In wrongful death cases involving defective products, families often seek compensation for burial costs, lost financial support, and loss of companionship. Non-economic damages may also be awarded for emotional trauma and the psychological impact suffered by the victims' families, especially where the underlying incident involves catastrophic injuries handled by specialized lawyers.

Workplace Accidents

Workplace accidents are a leading cause of wrongful death, particularly in high-risk industries such as construction and manufacturing. Employer negligence—such as failing to maintain proper safety protocols or prevent hazardous conditions—is often the basis for wrongful death claims in these situations. Every employer has a legal obligation to provide a safe workplace where employees are free from hazards that cause accidents.

Workplace safety regulations are strict and essential because the risks of accidents can be deadly. The case of a man who worked at Scott’s C&D Landfill in Ohio is one example of a workplace accident that may have led to wrongful death. The employee was on the ground, attempting to direct a semi to the drop-off point for their load, when he was struck by a tractor-trailer. He died hours later in the hospital. Columbus Dispatch never followed up with any news of a lawsuit from the man’s family, but in similar cases in which employer negligence might be at the root of the issue, the family could have a case for wrongful death.

A notable example is the case of Pedro Jose Sanchez, who was killed while working for Third Generation Plumbing. His family filed a wrongful death lawsuit based on employer negligence, which settled for $3.75 million.

Aviation accidents are another significant cause of wrongful death, often resulting from mechanical failure or pilot error. For instance, retired Air Force Lieutenant Colonel Matthew LaCourse died in a plane crash, leading his widow to sue a government contractor for wrongful death.

Public transportation accidents are also a significant cause of wrongful death. When drivers fail to operate vehicles safely, fatal incidents can occur. For example, a pedestrian was fatally struck by an MTA bus driver in Jackson Heights, resulting in a wrongful death lawsuit against the bus driver.

These cases illustrate how employer negligence and failures in transportation safety are significant and leading causes of wrongful death across various industries.

Premises Liability and Accidents

Premises liability is an important area of wrongful death law that holds property owners accountable for maintaining safe environments for visitors, guests, and customers. When hazardous conditions, poor maintenance, or lack of proper security lead to a fatal accident, surviving family members may have grounds for a wrongful death lawsuit. These wrongful death cases often arise when a person dies due to preventable dangers on someone else’s property.

Common examples of premises liability leading to wrongful death include slip-and-fall accidents in public places, elevator malfunctions, and swimming pool incidents. For instance, if a person slips on a wet floor in a grocery store because the staff failed to clean up a spill or provide warning signs, and the injuries result in death, the store’s property owners may be held liable. In such cases, the surviving family members can seek compensation by filing a wrongful death claim, alleging that the store’s negligence directly caused the fatal accident.

Another scenario involves construction sites, where inadequate safety measures or poorly maintained equipment can result in deadly accidents. If a worker or visitor is tragically killed due to the property owner’s failure to provide a safe environment or ensure proper training, the family may pursue a wrongful death action. These legal actions can help families recover damages for funeral expenses, lost income, and emotional suffering caused by the loss of their loved one.

To succeed in premises liability wrongful death cases, family members must demonstrate that the property owner had a duty to keep the premises safe, breached that duty, and that the breach led to the person’s death. Such cases not only help grieving families seek justice and secure fair compensation, but also encourage property owners to uphold their responsibilities and prevent future tragedies.

What Qualifies as a Wrongful Death Lawsuit?

Negligence and intent are at the heart of a wrongful death case. A wrongful death lawsuit is based on a wrongful act or negligence that directly causes the death of another. It must be determined that someone else was responsible for or caused the death of the deceased person. Did the deceased person improperly use a product that caused their death, for example, or was the product defective from the time of manufacture?

Pursuing a wrongful death claim involves a legal process that includes gathering evidence, filing the appropriate paperwork, and potentially going to court. Witness testimonies and other forms of evidence are crucial in proving that the defendant's wrongful act led to the death. Additionally, insurance companies often play a significant role in compensating the families of the deceased person in wrongful death cases.

While state statutes involving wrongful death may vary, your case may qualify as a wrongful death lawsuit if:

• The deceased person was intentionally killed

• The car accident that caused the death was the result of the other driver’s carelessness

• Medical malpractice was committed

• A personal injury case later results in death

• A design or manufacturing error in a product results in death

To successfully pursue a wrongful death claim, you must prove certain elements: duty of care, breach of duty, causation, and damages. Liability isn't always limited to one person; other parties who contributed to the accident can also be held responsible. It's important to understand the main types of damages in medical malpractice cases, as similar categories often apply in wrongful death claims. It's also important to note that the statute of limitations for wrongful death claims varies by state, and missing the deadline can result in your case being dismissed.

If you are unsure whether you have a case, the Moore Law Firm can help you determine what wrongful death actions you can take.

Average Wrongful Death Settlement Amounts

Wrongful death settlements can vary significantly depending on the circumstances of the fatal injury and the extent of financial and emotional losses suffered by the surviving family members. In these cases, the court considers both economic damages—such as medical expenses, lost wages, and funeral and burial costs—and non-economic damages, which compensate for the emotional and psychological toll, including pain and suffering, loss of companionship, care, comfort, or sexual intimacy. Punitive damages may also be awarded in cases involving severe negligence or wanton conduct by the defendant. Common damages in wrongful death cases include funeral and burial costs, lost financial support, and loss of companionship, similar to the types of compensation in medical malpractice lawsuits. The law ensures that reasonable burial costs are covered in wrongful death claims. Additionally, an insurance company is often responsible for paying wrongful death settlements, especially in cases involving negligence or accidents. The settlement amount can also depend on the type of wrongful death and whether the suit is against an individual or an organization. Many wrongful death cases are settled for millions of dollars, while some might figure in the thousands.

How and When You Should Hire a Wrongful Death Attorney

If you lost a loved one as the result of another person’s negligence or intent, seeking justice is an important step toward closure and accountability. You can contact a wrongful death attorney or experienced Cincinnati personal injury attorneys at The Moore Law Firm to schedule a consultation. A wrongful death lawyer can guide your family through the legal process, helping you seek fair compensation and ensuring that all legal strategies are effectively executed. The attorney will be able to review your case and whether it can be tried in court. You can hire a wrongful death attorney and make plans for a lawsuit even while a criminal case is ongoing. The two will be treated as separate cases.

Whether you lost a loved one due to a car accident, workplace accident, or medical malpractice, the Moore Law Firm is here for you. If your case involves alleged medical errors, it can help to review what to ask a lawyer for medical negligence before your consultation. We have a record of knowledge and excellence in the areas of catastrophic personal injury and wrongful death, and we’re committed to fighting for our clients until they get the compensation they deserve. Those interested in joining our mission can also explore careers at The Moore Law Firm. Contact us today to set up a free consultation.