Typically, suicide is not considered a wrongful death. Each state has different laws outlining the circumstances under which a deceased person’s death may be considered wrongful. Most states do not recognize suicide as a valid source of wrongful death. However, some states acknowledge that sometimes a suicide may be legally caused by another’s negligent or wrongful actions.
What Are the Grounds for Pursuing a Wrongful Death Claim?
Wrongful death claims require proof that the deceased person’s death was directly or indirectly caused by another party’s negligence or wrongful behavior. Establishing a wrongful death typically requires proving that:
- The deceased person suffered injuries or illness that led to their death.
- The decedent’s injuries or illness were caused by someone else’s negligent or intentional actions.
- The deceased person’s death caused losses to their family members, dependents, or estate.
Common causes for wrongful death actions include motor vehicle accidents, medical malpractice, defective products, intentional assault, and slip-and-fall accidents. Suicide is often excluded from wrongful death claims because the decedent performed the actions that led to their demise.
When Can Suicide Be a Wrongful Death?
Wrongful death claim requirements can differ widely by state as can the definitions of suicide. From a legal perspective, suicide is generally defined as the decedent’s intentional death by their own hands.
Suicide may be considered a wrongful death if the plaintiff, usually the decedent’s family member or personal representative, can prove the defendant was directly or indirectly responsible for the decedent’s death.
The plaintiff may claim the defendant contributed to the decedent’s suicide by acting negligently, failing to act, acting unlawfully, or by breaching a contract or warranty. To prove a wrongful death action for a suicide, the plaintiff must establish the defendant had a duty of care to the decedent and show that they violated that duty of care.
Establishing a Duty of Care
Depending on the circumstances, the defendant may have owed a duty of care to the deceased. For suicide cases involving wrongful death, the plaintiff must often show the defendant had a relationship with the deceased.
For instance, the defendant may have been a medical care practitioner with a duty to exercise reasonable care. A medical care provider has a duty to their patients to evaluate the patient’s state of health. If they have concerns about suicide, they must provide intervention or supervision as required by the standard of care for their field.
Violation of the Duty of Care
If the defendant’s actions fell short or violated the standard of care and the decedent committed suicide as a result, the decedent’s representatives could have grounds to file a wrongful death lawsuit. To prove such a violation, the plaintiff must show that the defendant knew or should reasonably have known that the deceased was a suicide risk.
Intentional or Traumatic Causes
Another way someone could be responsible for a suicide is if the defendant engaged in violent or reckless behavior that led to the decedent’s suicide. Bullying, violent crime, abuse, and assault that led to the victim’s death could provide sufficient cause to bring a wrongful death claim.
In the case of intentional or criminal behavior, authorities may also press charges against the at-fault party in criminal court. A wrongful death claim would be a separate civil claim to recover damages. Criminal and civil cases have different goals, so a conviction in a criminal court does not necessarily lead to recovering damages in a civil claim. However, a wrongful death attorney could use evidence from the criminal trial to bolster the wrongful death suit.
How Can the Decedent’s Family Prove Wrongful Death After Suicide?
Proving a violation of the duty of care in a suicide case can be difficult. The plaintiff must provide evidence that establishes the violation of the duty of care. Examples of evidence include medical records, photos, videos, statements, or messages from the deceased alluding to thoughts or intentions of suicide. If the plaintiff can prove the defendant had access to knowledge about the deceased person’s suicidal state of mind, they could sue for wrongful death damages.
What Damages Are Recoverable in a Wrongful Death Claim for a Suicide?
If the court finds there are sufficient grounds to file a wrongful death claim for a suicide, the plaintiff could claim the following damages through a verdict or settlement.
Funeral and Burial Expenses
Wrongful death claims in most states can be used to recover costs associated with the deceased’s funeral and burial. Cremation, transportation, ceremonies, tombstones, and other related expenses may be included.
Medical Costs
A wrongful death claim may allow the decedent’s relatives or estate to recover medical expenses. Specifically, they may seek to compensation for medical bills incurred by the deceased person while they were receiving medical treatment for the injury or illness that caused their demise. Medical costs the plaintiffs could claim include:
- Emergency medical transportation
- Emergency medical care
- Critical care
- Hospital stay
- Surgical procedures
- Medical treatments
- Medication and medical devices
- Life support
Loss of Income
When the deceased person contributes financially to the household, their loss can have severe financial consequences. The surviving family members could seek compensation for current and future income loss. An economic expert or wrongful death attorney can help the plaintiff calculate the actual financial losses associated with the decedent’s loss.
Non-Economic Losses
In addition to actual losses, many states allow wrongful death claimants to seek non-economic damages. These damages may include physical pain and suffering the decedent experienced prior to their death. It may also include mental anguish, emotional distress, loss of support and care, loss of companionship, and loss of guidance suffered by the decedent’s surviving family.
What Is the Process for Filing a Wrongful Death Claim After a Suicide?
The legal process for wrongful death lawsuits differs depending on the state where the death occurred. Personal representatives of the deceased benefit from working with a wrongful death attorney who has experience handling claims in this area. They will be familiar with the grounds for filing a wrongful death claim after a suicide and can help the decedent’s surviving family through the legal process.
