The Shocking Truth About Wrongful Death - Part 11

Wrongful Death Standards

As mentioned earlier in this book, wrongful death cases are brought because of another party's negligence or wrongful conduct.  It might be helpful to understand a little bit about those concepts.

Just because someone dies doesn't mean a wrongful death case can be justified.  For example, if Bill trips in a grocery store over cans stacked in an aisle, causing him to hit his head and die, there won't be a case.  Under Newfoundland and Labrador law, those cans would be deemed an open and obvious hazard that Bill should have seen, so the store wouldn't be negligent.

If, however, a grocery store employee spilled some clear, liquid soap on an aisle and left it there for hours without cleaning it up or posting a warning sign, and Bill took the same fateful tumble, the store would be negligent.

The point is that a person or entity who causes the death has to be deemed negligent, or at fault, under the law.  Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to, which causes injury or death.  There's a lot of nuance to negligence law, but that's a boiled down version of the concept.  Negligence law essentially asks, what would be reasonable behavior for someone in the shoes of the defendant in all the circumstances, including the risk to the safety of others.

So, one basis for a wrongful death claim is to prove negligence.  The other way is to prove wrongful conduct such as an intentional act that resulted in a death.  For example, if Frank punched Jack without provocation, causing Jack to fall down, hit his head and die, Frank could be sued for causing Jack's death.  In that case, Jack's estate would have to prove that Frank's intentional and wrongful conduct caused Jack's death.

Bringing a civil suit for wrongful death would be appropriate in both of the above examples, assuming there are assets such as insurance which can pay damages.  Winning a lawsuit probably would seem like a hollow victory compared to the loss suffered, but the court system is purposely set up to allow us to work out our differences with other parties in a civil, organized way.

The insurance industry would like to paint everyone who files a lawsuit as a money grubber.  That's ridiculous and it's shameful.  People shouldn't be made to feel guilty for pursuing legitimate claims, especially when a person was killed as the result of negligent conduct.  Family members deserve to be compensated for the mental anguish and loss of financial support they experience due to the wrongful death of a loved one.  You have nothing to be ashamed of when you look out for the best interests of yourself and your family.