Requirements to File a Wrongful Death Case in Murphy

Grounds for Filing a Wrongful Passing Claim

Under state law, a person may file an unjust death claim if their loved one passed away due to injuries caused by the negligent conduct of another person. The most common incidents that could result in someone’s premature death include:

• Industrial accidents
• Worksite injuries
• Motor vehicle collisions
• Defective products
• Assault and battery
• Bicycle and pedestrian crashes
• Medical malpractice

Before an attorney in the area may take on a wrongful death claim, they will look for two legal requirements to be present in the claimant’s case: negligence and damages. In other words, another person’s reckless conduct must have directly caused the individual’s sudden passing which resulted in the family suffering losses, such as paying for emergency medical expenses, funeral and burial costs, and dealing with loss of income.

For example, if someone passes away due to unsafe conditions on the worksite, their family could have grounds for civil action. Conversely, if the individual died at work because they were intoxicated or mishandled heavy equipment, their family may not be entitled to wrongful death damages.