Wrongful death claims are designed to provide justice and compensation to families who lose loved ones due to another party’s negligence or misconduct. While these claims have always been an important part of personal injury law, their scope and application have evolved significantly in recent years. Shifts in legal standards, societal values, and technological advancements have all contributed to this transformation.

Today, wrongful death cases are more complex and nuanced than ever before. Families face new opportunities and challenges when pursuing justice, whether it’s navigating cases involving corporate liability, using advanced technology to prove fault, or addressing the growing recognition of emotional damages. We will explain how wrongful death claims have changed in recent years and what these changes mean for grieving families seeking justice.

Consult with an experienced wrongful death lawyer if you need legal help with your case. A lawyer, such as those at Brandon J. Broderick, Attorney at Law, can guide you through all the changes to these types of claims.

Expanded Liability and Parties Involved

One of the most significant changes in wrongful death claims is the expansion of liability to include multiple parties. In the past, wrongful death lawsuits often focused on single defendants, such as a negligent driver in a fatal car accident. Today, these claims frequently involve:

1. Corporations and Manufacturers

Wrongful death cases increasingly target large corporations for product defects or negligence. For example:

• Automotive Defects: Claims involving faulty airbags, brakes, or other safety features that result in fatalities.
• Pharmaceutical Companies: Cases where dangerous or mislabeled drugs cause preventable deaths.

2. Employers and Workplace Negligence

Workplace fatalities are another area where liability has broadened. Employers are now held more accountable for unsafe working conditions, lack of proper training, or failure to adhere to safety regulations. In some cases, third-party contractors or equipment manufacturers may also share liability.

Advances in Evidence Gathering

Technology has revolutionized how evidence is gathered and presented in wrongful death claims, making it easier to prove liability and causation.

Modern Tools and Techniques

• Surveillance Footage: Cameras in public spaces and workplaces can capture the moments leading to to a fatal incident.
• Vehicle Black Boxes: Data from car event recorders provide insights into speed, braking, and other factors during an accident.
• Expert Analysis: Advanced forensic tools, such as accident reconstruction and biomechanical engineering, help establish how and why a death occurred.

These tools not only strengthen a plaintiff’s case but also increase the likelihood of securing fair compensation for families.

Greater Awareness of Emotional Damages

In the past, wrongful death claims primarily focused on economic damages, such as lost income and medical expenses. However, courts today increasingly recognize the profound emotional impact of losing a loved one.

Non-Economic Damages

Families can now pursue compensation for:

• Loss of Companionship: The absence of a spouse, parent, or child can leave an irreplaceable void.
• Grief and Emotional Suffering: Courts acknowledge the psychological toll of a wrongful death.
• Loss of Guidance: Particularly relevant in cases involving children who lose a parent.

This shift reflects a broader understanding of how wrongful deaths affect survivors’ lives beyond financial losses.

Changing Statutory Limits

Legislative changes have also played a role in evolving wrongful death claims. These modifications impact how and when families can file lawsuits, as well as the potential compensation available.

Statutes of Limitations

Some states have adjusted their statutes of limitations to allow more time for families to file claims. For example, extensions may apply in cases involving minors or where evidence of wrongdoing emerges years after the death.

Caps on Damages

While some states impose caps on non-economic damages, others have raised or removed these limits to ensure fair compensation. These changes reflect growing recognition of the significant impact wrongful deaths have on families.

Rise in Class Actions and Mass Torts

Mass torts and class action lawsuits have become more prevalent in wrongful death cases involving:

• Mass Casualties: Events such as plane crashes or industrial accidents often result in claims from multiple families.
• Defective Products: Claims against companies for dangerous pharmaceuticals, medical devices, or consumer products.

These cases often involve coordinated litigation and can result in significant settlements or verdicts that hold corporations accountable for widespread harm.

Call Brandon J. Broderick For Legal Help

Navigating wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced wrongful death lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.