What is Considered a Wrongful Death?

If there’s an act of negligence or misconduct by other parties that resulted in death by the victim, it is considered a wrongful death. It is a civil action that is different from other criminal charges. In a civil case, the standards in evidence are lower comparing to murder which is a criminal case. The surviving family members are entitled to claims that cover all wrongful death damages caused by the tragic event.

This kind of case may happen if a victim dies after he or she filed a personal injury claim due to a negligent action of the guilty party. To learn what is considered a wrongful death case, here are the situations that fall to it.

Car Accident

A car accident that resulted in the death by negligence of another driver is a wrongful death case. The guilty party could be intoxicated, drunk, distracted, or reckless while behind the wheel. The surviving family may file a wrongful death claim especially when it was proven that the death of their loved one is due to irresponsible driving of the other party.

Medical Misconduct and Malpractice

A medical malpractice case happens when a victim died due to an incorrect medical diagnosis and treatment by the doctor. Another possible reason is the lack of care when the patient’s medical case demands that high level of attention. It could be medical misconduct when the medical providers performed inappropriate actions to the patient that could lead to the worst health condition or even death. In such cases, a wrongful death claim could be filed against the medical providers to get the compensation that covers all damages by their negligence.


A wrongful death claim could be filed by the family members if the victim was intentionally killed. The guilty party will be facing a criminal charge. The surviving family members could file a civil lawsuit for the wrongful death case. This one would be a different lawsuit from the criminal case.

Learn more and continue reading this article in our blog at https://freewaylaw.com/what-is-considered-a-wrongful-death/.

Originally published at https://freewaylaw.com on July 21, 2021.



Freeway Law is an award-winning personal injury and car accident attorneys.

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Freeway Law

Freeway Law is an award-winning personal injury and car accident attorneys.