A wrongful death lawsuit is a legal action brought when someone dies due to another person’s negligence, recklessness, or intentional misconduct. It allows the family or estate of the deceased to seek compensation for their losses, such as medical expenses, lost income, and emotional suffering. Typically, immediate family members, like spouses, children, and parents, can file a wrongful death lawsuit. In some cases, other relatives or a representative of the deceased’s estate may also be eligible to file.
If you recently lost a loved one in a fatal occurrence, a knowledgeable and compassionate wrongful death lawyer can be an invaluable help. Your attorney will guide you throughout the claims-filing and litigation processes to secure the compensation that you and your family need.
Persons Who Are Eligible To File a Wrongful Death Lawsuit
A wrongful death lawsuit can be filed when someone dies due to the wrongful actions, negligence, or misconduct of another person or company. Not just anyone can file this kind of lawsuit – only certain people are eligible, and these people are typically close family members of the person who died.
In most states, the first people eligible to file a wrongful death lawsuit are the immediate family members of the deceased, which usually means the spouse, children, or parents. A spouse can file if their partner dies, and children can file if one or both parents are killed. If the deceased did not have a spouse or children, parents can bring the lawsuit – especially if they were financially dependent on their child.
In some cases, other relatives can file a wrongful death claim, depending on the state’s laws. For example, in some states, siblings or grandparents can file, but only if there are no immediate family members or if they had a significant relationship with the person who died. Some states also allow a legal representative of the deceased person’s estate to file a wrongful death lawsuit. This representative may not be related to the person but is responsible for managing the deceased’s financial matters and legal claims.
The lawsuit is filed on behalf of the deceased person’s estate and seeks compensation for things like medical bills, funeral expenses, lost income, and the pain and suffering of the family. In some states, compensation can also include damages for the emotional loss and companionship that the family will no longer have because of the death.
It’s important to note that there are time limits, known as statutes of limitations, for filing wrongful death lawsuits. These limits vary by state, but they are generally one to three years from the date of death. If the lawsuit is not filed within this time, the family may lose the right to seek compensation.
If you believe you are eligible to file a wrongful death lawsuit, it’s a good idea to consult with an experienced lawyer who can guide you through the legal process.
Legal Elements of a Wrongful Death Lawsuit
To win a wrongful death lawsuit, the family or representatives of the deceased must prove certain legal elements. These elements are necessary to show that another person’s negligence, wrongful act, or misconduct caused the death. The following are the four key legal elements of proof in a wrongful death lawsuit:
- Duty of Care – The first element of proof is that the defendant (i.e., the party being sued) owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a certain way to protect the safety and well-being of others. For example, a doctor has a duty to provide appropriate medical care to their patients, and a driver has a duty to follow traffic laws and drive safely. The family must show that the defendant had a responsibility to the deceased at the time of the incident.
- Breach of Duty – The second element is proving that the defendant breached, or failed to uphold, their duty of care, meaning that the defendant acted negligently or engaged in wrongful behavior that violated their legal duty. For instance, if a driver was speeding or driving under the influence, they would be breaching their duty to drive safely. Similarly, a medical professional who fails to follow proper procedures may breach their duty to provide adequate care. The family of the victim must demonstrate that the defendant’s actions were not in line with what a reasonable person would do in a similar situation.
- Causation – The third element is causation, which means the plaintiff must prove that the defendant’s breach of duty directly caused the death. It’s not enough to show that the defendant was negligent or acted wrongly; their actions must have directly led to the death. For example, if a driver runs a red light and hits another car, causing fatal injuries, their negligence would be the cause of death. The plaintiff must prove there was a clear link between the defendant’s actions and the death.
- Damages – Finally, the plaintiff must prove that the death resulted in damages or losses that can be compensated. These can include financial losses, such as medical expenses, funeral costs, and lost income, as well as non-economic damages like emotional suffering, loss of companionship, and pain and suffering. The family must show that they have suffered as a result of their loved one’s death.
What Happens at a Wrongful Death Trial?
A wrongful death trial takes place when a settlement cannot be reached between the family of the deceased and the party being sued. During the trial, both sides present their case in front of a judge or jury, who will ultimately decide whether the defendant is responsible for the death and how much compensation, if any, the family should receive. The following is a breakdown of what typically happens at a wrongful death trial:
- Opening Statements – At the start of the trial, both sides give opening statements. Your wrongful death attorney will present an overview of the case, explaining why they believe the defendant is responsible for the wrongful death. The defendant’s attorney will then provide their opening statement, explaining why they believe their client is not at fault.
- Presentation of Evidence – After the opening statements, both sides begin presenting their evidence. Your wrongful death attorney will go first, calling witnesses and submitting documents, such as medical records, police reports, or expert testimony. The goal is to show that the defendant’s actions, whether through negligence or intentional wrongdoing, directly caused the death of your loved one.
The defense then has the opportunity to cross-examine the plaintiff’s witnesses. Afterward, the defense presents its evidence and witnesses, attempting to prove that they were not responsible for the death or that other factors caused the death. Your wrongful death attorney can cross-examine these witnesses as well.
- Expert Testimony – In many wrongful death trials, both sides will bring in expert witnesses. These experts may be medical professionals, accident reconstruction specialists, or economists who can estimate the financial losses the death caused. Their testimonies can play a significant role in the trial’s outcome.
- Closing Arguments – Once both sides have presented all the evidence, they make their closing arguments. The attorneys summarize their cases, reminding the judge or jury of the key points they presented and why they believe they should win. A closing argument is the final opportunity for each side to convince the court.
- Jury Deliberation and Verdict – If there is a jury, they will then leave the courtroom to deliberate. They discuss the evidence and come to a decision about whether the defendant is liable for the death. If they find the defendant responsible, they will also determine how much compensation the family should receive. If there is no jury, the judge makes these decisions.
Common Types of Wrongful Death Damages
In a wrongful death lawsuit, the family of the deceased can seek compensation for various types of damages. These damages are meant to cover the financial losses, emotional suffering, and other effects the family faces as a result of losing their loved one. Below are the most common types of damages that may be awarded in a wrongful death case.
- Medical Expenses – Before the person passed away, they may have received medical treatment for injuries the accident or wrongful act caused. The costs of this medical care, including hospital bills, surgeries, medication, and other treatments, can be recovered in a wrongful death lawsuit. These expenses can add up quickly, so families often seek compensation for the full amount of medical costs.
- Funeral and Burial Expenses – Funeral and burial costs can be high, and these expenses are usually recoverable in a wrongful death lawsuit. The family can seek compensation for the costs associated with the funeral service, burial or cremation, and any related expenses.
- Lost Income and Financial Support – One of the biggest financial repercussions of a wrongful death is the loss of the deceased person’s income and future earning potential. If the person who died was a provider for their family, the family may struggle to make ends meet without that financial support. Damages can be awarded to cover the loss of the person’s future earnings, including what they would have earned if they had lived to work until retirement. Lost income is often calculated by looking at the person’s salary, job benefits, and expected career growth.
- Loss of Companionship and Emotional Suffering – While financial losses are easy to measure, the emotional effect of losing a loved one is much harder to quantify. Many wrongful death lawsuits include damages for loss of companionship, love, guidance, and emotional support, which is sometimes referred to as “non-economic damages” because it deals with emotional suffering and the personal relationship the family had with the deceased.
- Pain and Suffering of the Deceased – In some cases, damages can also be awarded for the pain and suffering the deceased endured before they passed away, which will include any physical or emotional distress they experienced following the incident but before their death.
These common types of damages aim to provide some form of relief to the family, both financially and emotionally, as they cope with their loss. Although no amount of money can replace a loved one, wrongful death damages can help ease the financial burden that a family experiences.
How Can a Lawyer Help with a Wrongful Death Lawsuit?
An experienced attorney can play a valuable role in navigating a wrongful death lawsuit. Losing a loved one is emotionally devastating, and dealing with the legal process can be overwhelming. Having a knowledgeable lawyer by your side can make the process smoother and increase your chances of recovering favorable compensation. Here are some ways a skilled lawyer can help during a wrongful death lawsuit:
- Investigating the Case – An experienced wrongful death lawyer will thoroughly investigate the circumstances surrounding your loved one’s death. They will gather important evidence, such as medical records, accident reports, and witness statements, to build a strong case. They may also work with experts like accident reconstruction specialists or medical professionals to prove negligence or misconduct.
- Determining the Value of Your Claim – Knowing how much compensation to seek in a wrongful death lawsuit can be difficult. A lawyer will carefully explain the different types of damages available, such as medical expenses, funeral costs, lost income, and emotional pain and suffering. They will calculate the total value of your claim, ensuring that you seek enough compensation to cover financial and non-economic losses.
- Filing the Lawsuit – The legal process can be complicated, with strict deadlines and procedures that must be followed. A lawyer will handle all the paperwork, ensuring your lawsuit is filed correctly and on time. They will also ensure that you meet the statute of limitations, meaning, the time limit for filing a wrongful death lawsuit in your state.
- Negotiating with Insurance Companies – Insurance companies often try to settle wrongful death cases for less than what the family deserves. A knowledgeable attorney will handle all negotiations with the insurance company, fighting for a fair settlement that adequately compensates you for your losses. If the insurance company refuses to offer a reasonable settlement, the lawyer will be prepared to take the case to trial.
- Representing You in Court – If the case goes to court, having a skilled attorney is essential. They will present your case, call witnesses, cross-examine the defense’s witnesses, and argue on your behalf. An experienced attorney will fight to ensure you obtain justice for your loved one.
Speak with a Knowledgeable Wrongful Death Lawyer Today
If you recently lost a family member due to someone else’s wrongful act, a skilled and compassionate wrongful death attorney can be helpful. Your lawyer will first investigate the circumstances surrounding the fatal occurrence and determine your eligibility for filing a lawsuit. Your lawyer can then handle every step of the process for you and work to maximize the compensation you and your family receive.
