A wrongful death case is a legal claim filed when someone dies due to the negligence or wrongful actions of another party. The family or beneficiaries of the deceased may seek compensation for their loss.
To succeed in a wrongful death lawsuit, certain elements must be proven, including the at-fault party (the defendant) owed a duty of care to the deceased; the defendant breached that duty through negligence or wrongful conduct; the breach directly caused the death; and the survivors suffered damages, such as financial loss or emotional distress.
A wrongful death attorney can investigate the case circumstances, gather evidence, manage legal deadlines, negotiate with insurance companies, and represent the family in court to secure fair compensation for their loss.
Elements of Proof in a Wrongful Death Claim
In a wrongful death claim or lawsuit, the legal elements of proof are the key factors that must be established to hold someone legally responsible for a person’s death.
These elements are typically divided into four basic categories: negligence, causation, damages, and standing.
- Negligence or Wrongful Act – The first element that must be proven is that the defendant was negligent or acted in a wrongful manner. Negligence refers to a failure to exercise the level of care that a reasonable person would in a similar situation, leading to harm. In some cases, the defendant’s actions may be intentional or reckless, but in many wrongful death cases, the claim is based on negligence. To prove negligence, the plaintiff (the person bringing the lawsuit) must show that the defendant owed a duty of care to the deceased and breached that duty. For example, a driver must follow traffic laws and drive safely, and failing to do so (such as running a red light) can be considered negligent if it leads to an accident.
- Causation – After establishing negligence or a wrongful act, the plaintiff must prove that the defendant’s actions directly caused the death of the deceased, which is known as “causation.” In legal terms, causation has two parts: actual causation and proximate causation. Actual causation, or “cause in fact,” means that the defendant’s actions directly led to the death. Proximate causation refers to whether the defendant’s actions were closely related enough to the death to make them legally responsible. In wrongful death claims, the plaintiff must show that the death was a foreseeable result of the defendant’s conduct.
- Damages – Damages refer to the harm or loss the surviving family members suffered due to the death of their loved one. These damages can include emotional suffering, financial loss, and other repercussions the family has experienced because of the death. While the defendant’s actions must be proven to have caused the death, the plaintiff also must show that there are real, measurable damages.
- Standing – Finally, to bring a wrongful death lawsuit, the plaintiff must have legal standing. In other words, the person filing the lawsuit must be someone personally affected by the death, which typically includes the personal representative of the deceased’s estate or family members such as spouses, children, or parents, depending on the jurisdiction’s laws.
Helpful Types of Evidence in a Wrongful Death Case
In a wrongful death claim or lawsuit, the types of evidence presented play a critical role in supporting the plaintiff’s case and demonstrating that the defendant should be held legally responsible for the death.
Evidence can take many forms, and each type helps to build a clearer picture of what happened leading up to the death and its effect on the surviving family members. Here are some of the most helpful types of evidence in these types of cases:
- Medical Records and Autopsy Reports – Medical records are essential in showing the severity of the victim’s injuries and the cause of death. An autopsy report conducted by a medical examiner can be particularly helpful because it provides a detailed, unbiased explanation of how the victim died. These documents can help establish whether the death resulted from an accident, medical negligence, or another cause linked to the defendant’s actions.
- Eyewitness Testimony – Eyewitnesses who saw the incident or were present at the scene can offer important details about what happened. Testimony from people who were there can help clarify the sequence of events, the actions of the defendant, and the condition of the victim before and after the incident. Eyewitnesses can offer a first-hand account that may support the plaintiff’s version of events.
- Expert Testimony – Experts in fields such as medicine, accident reconstruction, or safety can provide testimony that explains technical aspects of the case in a way that a jury can understand. For example, a doctor may explain how a medical procedure went wrong and led to death, or an accident reconstruction expert can demonstrate how a crash occurred and how it was preventable. Expert testimony is valuable for connecting complex evidence to the case’s legal issues.
- Photographs and Videos – Photographs and video recordings of the scene, the victim, or the incident itself can be extremely powerful evidence. Images of the accident scene or the victim’s injuries can provide visual support for other evidence, making it easier for the jury to understand the extent of the harm caused. Video footage from security cameras, dash cams, or even cell phones can help recreate events that may otherwise be unclear.
- Police Reports – In cases involving accidents or criminal activity, police reports are often critical pieces of evidence. These reports contain details about the incident, the response of law enforcement, and any conclusions or citations made at the scene. Police reports can help verify certain facts, such as the time of the incident, who was involved, and whether there were any charges filed.
- Financial Records – In wrongful death cases, financial records, such as pay stubs, tax returns, and other documents, can be used to show the economic effects of the death on surviving family members. These documents help to establish the financial support that the deceased provided and the losses the family has suffered.
What Types of Damages Can a Wrongful Death Plaintiff Recover?
In a wrongful death claim or lawsuit, the family members or beneficiaries of the deceased person may be entitled to compensation to help them cope with the financial and emotional consequences of the loss.
This compensation aims to make the survivors “whole” again, as much as possible, by addressing both the tangible and intangible effects of the death. Below are the most important types of losses, or damages, for which wrongful death plaintiffs can pursue compensation:
Economic Damages – Economic damages are meant to compensate for the financial losses that result from the death of a loved one. These damages can cover a wide range of expenses and losses, including:
- Loss of Financial Support – If the deceased was the primary breadwinner in the family, the survivors may be entitled to compensation for the income, benefits, or income that they would have received if the person had not died. This compensation can also include future income that the deceased would have earned throughout their life.
- Medical Expenses – If the deceased received medical treatment before passing away, the family can recover the costs of those medical bills. These costs include hospital stays, surgeries, emergency care, and any other related medical expenses incurred due to the accident or wrongful act.
- Funeral and Burial Expenses – The family may also be compensated for the funeral and burial costs. These expenses can add up quickly, and they are a common type of damage in wrongful death cases.
Non-economic Damages – Non-economic damages are meant to compensate for the emotional and intangible losses the survivors experienced. These damages are harder to calculate but are just as important in wrongful death cases. They can include:
- Pain and Suffering – The survivors may receive compensation for the emotional anguish, grief, and mental distress the death of their loved one caused. This compensation can be particularly significant if the deceased suffered before passing since the family may also be entitled to damages for their pain and suffering during the victim’s final days.
- Loss of Companionship or Consortium – Loss of consortium refers to the loss of love, affection, and the emotional support that the deceased would have provided. Spouses, children, and sometimes parents can seek compensation for the loss of the deceased person’s presence in their lives.
- Loss of Parental Guidance – In cases where children lose a parent, the surviving children may be compensated for the loss of guidance, nurturing, and care that the parent would have provided as they grew up.
In some cases, the court may award punitive damages, which are designed to punish the defendant for particularly reckless, malicious, or egregious behavior. Unlike economic and non-economic damages, punitive damages are not meant to compensate the survivors but to deter similar conduct in the future. These damages are awarded only in cases where the defendant’s actions were exceptionally harmful, such as in cases of gross negligence or intentional harm.
Compensation is aimed at providing some measure of justice for the deceased person’s survivors.
How Can an Experienced Wrongful Death Attorney Help?
A knowledgeable wrongful death attorney can play an invaluable role in filing a claim or lawsuit. The loss of a loved one is often overwhelming, and dealing with the legal details may be challenging. A skilled attorney can provide valuable support, guide the family through each step, and work to secure fair compensation.
Here’s how an experienced wrongful death lawyer can help:
- Legal Knowledge and Guidance – Wrongful death claims involve complex legal principles, including negligence, liability, and damages. A skilled attorney understands the laws governing wrongful death in their jurisdiction and can explain the legal rights of the survivors. They can determine if the case is worth pursuing, identify the responsible parties, and decide the best course of action based on the facts of the case.
- Investigating the Case – A wrongful death attorney will conduct a thorough investigation to gather evidence and build a strong case. They can work with experts, such as accident reconstruction specialists, medical professionals, or forensic experts, to determine the cause of death and establish liability. The lawyer will also obtain police reports, medical records, and other relevant documents to prove that the defendant’s actions directly led to the death.
- Managing Deadlines and Legal Procedures – Filing a wrongful death claim involves strict timelines, known as the statute of limitations. If the lawsuit is not filed within this time frame, the case may be dismissed. A knowledgeable attorney is familiar with these deadlines and will ensure that all necessary paperwork is filed on time. They can also handle all the procedural requirements, so the family does not have to worry about missing important steps.
- Negotiating with Insurance Companies – Insurance companies often try to minimize payouts in wrongful death cases. A wrongful death lawyer can handle negotiations with insurers on behalf of the family. They are skilled in dealing with insurance adjusters and can advocate for a fair settlement. If the insurance company offers an inadequate amount, the attorney can advise whether to accept the offer or proceed to court for a larger payout.
- Representing the Family in Court – If the parties cannot reach a fair settlement, a wrongful death lawyer can represent the family in court. They will prepare the case for trial, present evidence, and make arguments that show the defendant’s responsibility. The lawyer’s goal is to secure maximum compensation for the survivors, which may include financial losses, emotional suffering, and other damages.
A knowledgeable wrongful death attorney provides invaluable assistance by offering legal experience, conducting investigations, handling legal procedures, negotiating with insurance companies, and representing the family in court. With their support, the family can focus on healing while knowing that their case is in good hands.
Call a Knowledgeable Wrongful Death Lawyer Right Away
If you recently lost a loved one due to someone else’s negligent or wrongful act, a skilled wrongful death attorney in your area can be extremely helpful.
Your lawyer will promptly investigate the circumstances surrounding the occurrence, determine your legal options, and fight for the compensation that you and your family deserve.
Call today at (404) 609-1724 to get started on your claim, or visit our contact page for your free legal consultation.