A wrongful death case arises when someone dies due to the negligence or intentional actions of another person, company, or entity. Common causes include car crashes, pedestrian accidents, truck collisions, and premises accidents.
The family or dependents of the victim can subsequently file a wrongful death lawsuit. This typically includes the spouse, children, and sometimes parents or financial dependents, depending on state laws.
A skilled wrongful death lawyer can help by investigating the case, gathering evidence, and determining who is responsible for the death. They can also calculate the damages, including medical costs, lost income, and emotional suffering, and negotiate with insurance companies or represent you in court to secure fair compensation.
Eligibility for Filing a Wrongful Death Lawsuit
A wrongful death lawsuit is a legal action by surviving family members or individuals after someone dies due to the negligence or intentional actions of another party. These lawsuits allow the victim’s family to seek compensation for their loss and suffering.
However, not everyone can file a wrongful death lawsuit.
Eligibility to file varies by state law, but generally, only certain individuals can bring the case to court.
- First, the immediate family members of the victim are usually the most likely candidates. In most states, this includes spouses, children, and parents. A surviving spouse often has the right to file a lawsuit. If the person who died was a parent, their children or their surviving parents may qualify. However, the specific rights of children and parents to file can depend on whether the child was a minor or an adult and on the state’s laws.
- In some states, extended family members, such as siblings or grandparents, may file a wrongful death lawsuit, but this is less common. The law may grant them standing if they can demonstrate a close relationship with the victim or if no immediate family members are available to file.
- Another important factor is the financial relationship between the victim and the potential plaintiff. Some states allow individuals who were financially dependent on the victim to file a lawsuit, even if they are not direct family members.
- Some states only allow the personal representative of the victim’s estate to file the lawsuit, especially if no close family member has taken action. This representative is usually someone appointed to manage the victim’s estate, such as an executor named in the will or a court-appointed administrator. They can file the lawsuit on behalf of the estate’s beneficiaries.
Ultimately, the eligibility to file a wrongful death lawsuit depends on the relationship to the victim and the laws of the state where the case is filed. Those who believe they may be eligible should consult a lawyer to understand their specific rights and options for seeking justice.
Proving the Elements of a Wrongful Death Suit
In a wrongful death lawsuit, the plaintiff (the person bringing the case) must prove several key legal elements to succeed. These elements are meant to show that the at-fault party’s (the defendant’s) actions directly led to the victim’s death and that the family or survivors deserve compensation.
The main elements of proof in a wrongful death claim typically include negligence, causation, damages, and standing.
- Negligence: The first element the plaintiff must prove is that the defendant acted negligently, meaning they failed to exercise reasonable care. Negligence can occur in many situations, such as a car accident resulting from a driver running a red light or speeding. To prove negligence, the plaintiff must show that the defendant owed a duty of care to the victim, that they breached this duty, and that the breach directly caused harm.
- Causation: The plaintiff must also establish a direct link between the defendant’s actions and the victim’s death. This means proving that the defendant’s negligent or wrongful actions were the proximate cause of the person’s death. In other words, the death must have been a foreseeable result of the defendant’s behavior. For example, if a driver causes a car crash by texting while driving, the crash itself must have directly led to the victim’s death, not just injury or harm.
- Damages: The plaintiff must demonstrate that the death resulted in damages that can be compensated. These damages may include economic losses, such as funeral expenses, lost income, and medical costs incurred before death. Non-economic damages, such as emotional distress, pain and suffering, may also be awarded to surviving family members. The court will consider the effect of the death on the victim’s family, including their emotional and financial well-being.
- Standing: Finally, the plaintiff must prove that they have legal standing to file the lawsuit. This means showing that they are a family member or dependent of the victim, such as a spouse, child, or parent. In some cases, only a personal representative of the victim’s estate can file the lawsuit on behalf of the beneficiaries.
Types of Recoverable Losses in a Wrongful Death Lawsuit
In a wrongful death lawsuit, the surviving family members or beneficiaries can seek compensation for their losses. The damages vary depending on the case and state laws, but several key categories of recoverable losses are commonly available.
Economic damages are designed to compensate the family for the financial losses resulting from the victim’s death. This includes both past and future financial losses.
Common economic damages in a wrongful death claim include:
- Medical Expenses: These include the costs incurred in treating the victim before their death, such as hospital bills, surgeries, or other medical care.
- Funeral and Burial Expenses: These are the costs associated with the funeral, burial, or cremation of the victim.
- Lost earnings and Income: If the victim of the wrongful death was the primary breadwinner, their death could lead to significant financial hardship for the family. Compensation for lost income includes not only the income the victim would have earned up to the time of their death but also future earnings that the victim would have generated if they had lived. This can include salary, bonuses, and benefits.
- Loss of Services: If the victim performed important tasks at home, such as childcare, housework, or caregiving, the family may recover compensation for the loss of these services.
Non-economic damages compensate for the emotional and psychological pain that survivors experience due to the death. These damages can be more difficult to quantify but are still significant.
They include:
- Pain and Suffering: This refers to the emotional anguish that family members experience due to the death of their loved one. It can also include the pain the victim suffered before passing if they endured significant physical or emotional suffering.
- Loss of Consortium: This type of damage compensates a surviving spouse for the loss of companionship, affection, and intimacy that they experienced due to the death. Children or parents may also seek compensation for losing a loved one’s care, love, and guidance.
In some cases, if the defendant’s actions were particularly reckless or malicious, the court may award punitive damages. Unlike compensatory damages (which aim to make the family whole), punitive damages punish the defendant and deter others from engaging in similar conduct. These damages depend on the severity of the defendant’s actions.
What Happens During Wrongful Death Litigation?
Wrongful death litigation is the legal process through which the surviving family members or beneficiaries of a victim seek compensation for their loss.
The process typically begins with filing a wrongful death lawsuit and can proceed through various stages, potentially ending in a trial or alternative dispute resolution (ADR) methods such as mediation or settlement.
- Filing the Lawsuit: The first step in wrongful death litigation is filing a complaint in the appropriate court. The plaintiff must establish that they are legally entitled to file the lawsuit, usually by proving they are a surviving family member or the personal representative of the victim’s estate. The complaint will outline the defendant’s actions that led to the death, and the damages sought. Once you file suit, your lawyer will formally notify the defendant, which is known as service of process.
- Pre-Trial Procedures: After the lawsuit is filed, the case enters the discovery phase. Both sides will exchange evidence, including medical records, police reports, and witness statements. The plaintiff may gather expert testimony to establish the cause of death and the effect on the family. The defendant may also present evidence or attempt to dismiss the case. During this phase, both parties may file motions asking the court to rule on certain issues, such as whether the case should proceed to trial or if the court can dismiss it based on lack of evidence.
- Negotiation and Settlement: In many wrongful death cases, the parties may engage in settlement negotiations to avoid the time and expense of a trial. Settlement discussions can occur at any point during litigation, often after the discovery phase but before the trial. In settlement talks, both sides agree on a compensation amount to resolve the case without admitting liability. If the parties agree, the case settles, and the court dismisses the lawsuit.
- Trial: If a settlement is not reached, the case proceeds to trial. Both sides present their evidence and make arguments before a judge or jury. The plaintiff must prove that the defendant’s actions directly caused the death and that the family suffered damages as a result. After hearing all the evidence, the judge or jury will deliver a verdict.
- Alternative Dispute Resolution (ADR): If both parties prefer to avoid trial, they may opt for alternative dispute resolution methods such as mediation or arbitration. These methods involve a neutral third party who helps facilitate a resolution. ADR can be less formal and quicker than a trial, often resulting in a settlement without the need for court involvement.
Throughout wrongful death litigation, both parties are focused on gathering evidence, negotiating terms, and presenting arguments to reach a fair outcome –whether through settlement or trial.
How Can an Experienced Wrongful Death Attorney Help?
A knowledgeable wrongful death lawyer can play an important role in helping survivors navigate the complex legal process of filing a claim or lawsuit. The loss of a loved one is often traumatic, and having an experienced lawyer can provide both legal experience and emotional support during this difficult time.
An attorney can help with your wrongful death claim or lawsuit by:
- Determining Eligibility: One of the first steps in a wrongful death case is determining who has the legal right to file a claim. In many states, this includes spouses, children, and parents of the victim, but other individuals, such as financial dependents, may also be eligible. A wrongful death attorney can identify whether you can file the lawsuit and include all necessary parties in the claim.
- Investigating the Case: To build a strong case, a wrongful death lawyer will thoroughly investigate the circumstances surrounding the death. This can involve gathering medical records, police reports, witness statements, and other evidence to determine whether negligence, misconduct, or intentional actions led to the death. An attorney may also work with expert witnesses, such as medical professionals or accident reconstruction specialists, to establish the cause of death and support your claim.
- Calculating Damages: A wrongful death attorney will help calculate the full range of damages you may be entitled to recover. This includes both economic damages (like medical bills, funeral costs, and lost income) and non-economic damages (such as pain and suffering or loss of companionship). A lawyer with experience in wrongful death cases can consider all potential damages and seek the full compensation you deserve.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in wrongful death cases. A skilled attorney can handle negotiations with the insurance company on your behalf, ensuring they don’t pressure you into accepting a low settlement offer. They will advocate for you and push for a fair settlement amount.
- Representing You in Court: If your case goes to trial, having a knowledgeable wrongful death attorney is essential. They will present your case, argue on your behalf, and cross-examine witnesses to strengthen your position. Attorneys are familiar with courtroom procedures and can provide a strategic approach to increase your chances of success.
- Providing Emotional Support: While attorneys primarily focus on the legal aspects of your case, they also provide emotional support during a challenging time. Their extensive experience allows you to focus on healing while they handle the legal complexities of your wrongful death claim.
Call an Experienced Wrongful Death Lawyer in Your Area Today
If you recently lost a family member because of someone else’s intentional, negligent, or otherwise wrongful act, you may recover compensation for your various losses.
A skilled wrongful death attorney can aggressively work to maximize the compensation you receive for the losses that you and your family experienced.
Call today at (404) 609-1724 to get started on your claim, or visit our contact page for your free legal consultation.