Wrongful Death From a Natural Disaster

Wrongful Death Lawsuits After a Natural Disaster

When natural disasters strike, they leave devastation in their wake – and every death is a deeply tragic loss. Sometimes, though, certain families might suffer what in legal terms is called “wrongful death” from a natural disaster.

While these events are often seen as unavoidable “acts of God,” not every death during a natural disaster is truly unavoidable. In some cases, human negligence or poor decisions can make a bad situation worse, leading to preventable deaths.

If you’ve lost a loved one during a natural disaster due to someone else’s negligence, you may have the right to file a wrongful death lawsuit.

When Is Death During a Natural Disaster Considered Wrongful?

A natural disaster alone is not grounds for a wrongful death lawsuit. For example, during the devastating Memphis ice storm in 1994, we experienced up to 6 inches of ice blanketing the entire city. It hit multiple states and was the worst of its kind in a century.

At the time, we couldn’t get to work, couldn’t get food safely, and had to move the family to the den to sleep near the fireplace so we wouldn’t freeze. It was absolutely devastating for folks all across the region; and as a result, it was so tempting to look for someone to blame. But no single person caused the problem in our case – we were just one family of many impacted by a freak event.

But wrongful death is different.

If someone’s actions—or failure to act—directly contributed to someone’s death, it could be considered wrongful.

For example, in the same ice storm, a man was driving north on Goodlett Road. He drove under a tree in someone’s front yard, and as he did, it fell on through his front window and killed him. It turns out the tree was rotten, and the owner knew about it and didn’t remove it or even trim it away from the street.

So while the ice storm ultimately caused the tree to fall, courts found the owner’s negligence made it likely.

Here are a few other common examples:

Negligent Building Standards

If a building collapses during an earthquake or storm because it wasn’t constructed to code, the owner, contractor, or construction company could be held responsible.

Failure to Warn or Evacuate

Authorities or organizations that fail to issue timely warnings or evacuation orders could be held liable if their inaction leads to preventable deaths.

Keep in mind, sometimes the authorities don’t have time to warn people. Wrongful death would only come into play if they had the information and ability to get a warning out and then failed to do so.

Defective Safety Equipment

If life-saving equipment like storm shelters, fire alarms, or flood barriers fail due to design flaws or lack of maintenance, the manufacturer or responsible party could be liable.

Negligent Disaster Response

After a disaster, emergency services or companies involved in cleanup may fail to protect survivors, resulting in additional fatalities.

Most first responders work tirelessly to help as many people as possible. And sometimes, a disaster victim might not know or understand their decisions on the ground, because they can’t always inform everyone during the relief efforts. So for it to be a wrongful death, an emergency service or personnel would have to do something obvious and egregious for it to qualify as wrongful death.

Examples of Wrongful Deaths During Natural Disasters

Some wrongful death cases following natural disasters make national headlines, while others stay local. Here are some common scenarios where lawsuits could arise:

Hurricane Flooding

If a levee breaks due to poor maintenance or a city’s stormwater management system fails, leading to deaths from flooding, responsible parties like local governments or contractors could face lawsuits. As one example, consider the litigation around Hurricane Katrina and New Orleans’ Ninth Ward.

Wildfires

Many wildfires are started by human negligence, like poorly maintained power lines sparking flames. When people die as a result, utility companies may be held accountable. This happened recently in California, when utility company PG&E was held responsible for the Dixie Fire.

Winter Storms

If road crews fail to salt or plow major highways safely, causing fatal accidents, the agency or company responsible for maintaining the roads could be sued. In New York, as one example, a judge found the state responsible for poisoning people’s wells through their salting practices.

How a Wrongful Death Lawsuit Can Help

Losing a loved one in a natural disaster is heartbreaking, and when that loss could have been prevented, it’s even harder to bear. Filing a wrongful death lawsuit can help your family in several ways:

A lawsuit can send a message to negligent parties that their actions (or inaction) have serious consequences.

A settlement can also help cover medical bills, funeral expenses, and lost income. And they can help – though never fully cure – the emotional toll of losing someone you love.

Perhaps most important to your community, by exposing negligence or flaws, your case could lead to changes that protect others in the future. Wrongful death lawsuits can stop irresponsible companies, improve the building codes, and lead to better disaster response plans.

Challenges in Suing for Wrongful Death After a Natural Disaster

Filing a wrongful death lawsuit after a natural disaster can be more complicated than other types of cases. Here are some challenges you might face and how they could impact your case:

1. Proving Negligence vs. Natural Causes

A major hurdle is proving that your loved one’s death wasn’t solely caused by the natural disaster but by someone’s negligence.

Defense attorneys may argue that the disaster itself was the primary cause and that no human actions could have changed the outcome.

To overcome this, you’ll need strong evidence, like records showing code violations, ignored warnings, or defective safety measures.

2. Identifying the Responsible Parties

After a natural disaster, multiple entities may be involved—including government agencies, private companies, contractors, and property owners.

Determining exactly who is at fault can be complex, especially when the disaster involves large-scale destruction. You’ll need a thorough investigation to identify the parties who actually contributed to the wrongful death.

3. Sovereign Immunity for Government Entities

If your claim involves a government agency, like a city or state emergency management department, you may face the challenge of sovereign immunity. This legal principle protects government entities from lawsuits in many cases, although there are exceptions.

A skilled lawyer can navigate these laws and help you determine if your case qualifies for an exemption.

4. Gathering Evidence After Widespread Destruction

Natural disasters often destroy critical evidence, like structural remains or safety equipment. How can you prove your house wasn’t built to code if you’ve lost the house that stood as evidence?

Act quickly and work with any experts in engineering, disaster analysis, or other fields to help preserve vital information for your case.

5. Dealing with Insurance Companies

Insurance companies often play a significant role in cases involving natural disasters, but they may deny or minimize claims. They might argue that the death was unavoidable or within the scope of the policy’s exclusions.

We work with these insurers all the time and know how they work. An experienced attorney will negotiate with the insurers and make sure your claim is taken seriously.

While these challenges may seem daunting, they’re not insurmountable if you have a strong case. With the right legal representation, you can hold negligent parties accountable and seek justice for your loved one.

What You Should Do Next

If you’ve lost someone in a natural disaster and believe negligence played a role, it’s important to act quickly. Speak with an experienced wrongful death lawyer as soon as possible to help you understand your rights and options.

Our experienced Memphis firm offers a free consultation. At that meeting, we’ll talk with you through all the concerns you might have and challenges you might face. Will give you an honest assessment about your case and what you might expect from the process. This will help you save time and effort as you consider your options.

If you have a case, we’ll work with you to gather all the necessary evidence. This is a critical step, but one of the hardest after a natural disaster.

Evidence like building inspections, emergency response records, and safety reports can be crucial to your success, but they may disappear over time. We have experience investigating these types of claims and gathering what you’ll need.

If someone else’s actions—or lack of action—contributed to your loved one’s death, you deserve answers and justice. A wrongful death lawsuit can be a way to honor your loved one’s memory and ensure that others don’t have to endure the same pain.

If you’re in Memphis or the surrounding area, reach out to our wrongful death attorneys to discuss your case. You don’t have to face this alone, and we’re here to help you every step of the way.