Losing someone you love in an unexpected accident is unimaginable, but the law protects your family if you lose your relative because of someone’s negligence or wrongful action. You might be entitled to compensation in a wrongful death lawsuit.
There are many legal steps to obtaining compensation for your loss, however. This is why you should always speak to a wrongful death lawyer for a free case review.
What Is Wrongful Death?
Wrongful death means that another person’s misconduct or negligence caused a person’s death. The claimant must prove the following legal elements to have a successful wrongful death lawsuit:
- Negligence: You must prove that your relative’s death was caused by the other party’s reckless or careless actions.
- Causation: You must prove that the other party’s negligence or wrongful action led to the death.
- Breach of duty of care: You must show that the other party violated the duty of care owed to the deceased. Duty of care means the obligation of the other party to avoid doing things that can harm other people.
The most common types of wrongful death claims involve:
Motor Vehicle Accidents
Car accidents cause the majority of wrongful death claims in the U.S., with over 40,000 traffic fatalities reported across the country each year. In recent years, the nationwide car accident death rate rose 6.5 percent.
Most fatal car crashes are due to another person’s negligence. If that happens to your family, a wrongful death attorney can hold the liable person or entity accountable.
Medical Malpractice
Medical professionals and facilities are supposed to maintain a high standard of care with patients. However, medical mistakes are frequent and can cause severe injury or death. Typical forms of medical malpractice include misdiagnosis, drug errors, surgical mistakes, and birth injuries. Medical malpractice claims are complicated; only a skilled personal injury or wrongful death attorney should oversee your case.
Workplace Accidents
Nearly 5,300 work-related fatalities were reported in the United States in a recent year, and accidents involving transportation were the most common cause. Other causes of work-based wrongful death claims were slips and falls, falling from heights, machinery accidents, caught-between accidents, and being hit by falling objects.
Workers’ compensation death benefits are critical for families following a job-related tragedy, but third-party liability claims might also be possible. Have an attorney review your options.
Premises Liability
Property owners must keep their premises free of hazards for guests and visitors. However, people die every day in premises liability claims annually. You may have a wrongful death claim if a property owner violated the duty of care and your loved one died in an accident. Common reasons for product liability claims are slip and falls, inadequate lighting, and lack of security.
For example, a bar might have poor lighting and no security personnel. A fight might break out that leads to your loved one’s death. Your wrongful death attorney might argue that the owner or manager is liable for the death because they violated their duty of care to keep the facility safe.
Who Is Eligible To File A Wrongful Death Lawsuit?
All states have laws that lay out who is eligible to file a wrongful death claim. Talk to your wrongful death attorney to know if you’re eligible. In most states, one or more of these parties can file a wrongful death lawsuit if their loved one died because of another person’s misbehavior or negligence:
- The surviving spouse
- Parents
- Children
- Adopted children
- The representative of the decedent’s estate
State law usually has exceptions regarding the statute of limitations for filing a claim. For example, a minor may have until they are 18 to file a claim for their parent’s death.
Who Can You Sue For Wrongful Death?
You can sue almost anyone for wrongful death if their wrongful action or negligence contributed to the person’s death. Common examples are:
Distracted Or Intoxicated Drivers
Car accidents cause thousands of fatalities annually, and other drivers cause many. You can file a wrongful death claim if a distracted or drunk driver caused an accident that led to death. The death can trigger criminal charges against the person, but that isn’t necessary for you to succeed in a wrongful death lawsuit. Many drunk and distracted driver victim’s families feel a measure of justice if the person is found liable for their loved one’s death.
A Person Accused Of Assault Or Murder
It is not only accidents where a family member can file a wrongful death lawsuit. You can also file a wrongful death claim if your relative died in an assault or murder. The accused doesn’t have to be criminally charged or convicted for a wrongful death claim to succeed. For instance, OJ Simpson was found not guilty in his murder trial, but he was held liable for the deaths in a subsequent wrongful death lawsuit.
Doctors
If someone dies because of a doctor’s negligence, the liable medical professional or hospital can be successfully sued for wrongful death. Fatal medical malpractice can happen in many ways, including surgical errors, failure to diagnose, premature discharge, birth injuries, and more. Always consult a wrongful death attorney to understand who should be liable.
Property Owners
Did your loved one die because of a dangerous condition on a property? You may sue the owner or manager for the death. For example, you might sue a retail store owner, homeowner, or building owner if your loved one died in a slip-and-fall accident on the property. A wrongful death attorney can review the case to determine if the accident was caused because of a hazardous condition that the owner should have addressed.
Employers
Did your loved one die at work? You can potentially file a wrongful death lawsuit, but it depends on the details. A family might not be able to directly sue an employer in a personal injury or wrongful death case. However, a third party might be sued in some cases.
For example, suppose your husband died in a machinery accident on the job. It may be difficult to sue the employer for wrongful death; as death benefits may be paid through the employer’s workers’ comp insurance policy. However, suppose that a defective piece of machinery caused the death. It can be possible to sue the machinery manufacturer for wrongful death for producing the defective equipment. Speak to a wrongful death attorney today to learn more.
Possible Compensation In A Wrongful Death Lawsuit
A wrongful death lawyer can file a claim against the liable party to obtain damages for you. You can be entitled to economic damages, including the medical costs you paid after the incident and before the person’s death. You may also be entitled to funeral, burial, and other out-of-pocket expenses. Furthermore, you might be entitled to any lost income and financial support your family will incur because of the death.
Non-economic damages are another essential part of many wrongful death lawsuits, but these damages are more challenging to quantify. You can seek compensation for the pain and suffering your loved one endured before they died. You can also receive compensation for your mental anguish and loss of love, care, and support.
What Are Wrongful Death Claim Steps?
After your loved one passes, it’s vital to take the following actions promptly in your claim. All states have a statute of limitations to file a wrongful death lawsuit. Many states allow only two years from the date of the person’s death to file suit:
Talk To A Wrongful Death Lawyer
You should speak to a wrongful death attorney quickly if your loved one died because of another person’s actions. Your lawyer will review the case and determine if it might lead to compensation. If so, your lawyer can file a claim with the appropriate court or insurance company. Most wrongful death claims end with a negotiated insurance settlement.
You don’t pay the attorney for the legal consultation; they are compensated from your settlement or jury award.
Collect Critical Documents
Proving that someone caused your loved one’s death means constructing the strongest case possible. Important documents to prove your claim include medical reports, autopsy records, accident reports from the police, eyewitness statements, etc.
Preserve Case Evidence
Create a physical or electronic folder of accident-related evidence for your lawyer. This file may include videos and photos of the event, eyewitness statements, and any available law enforcement records. Your attorney may obtain evidence that is more difficult to find, such as black box data from a truck crash or cell phone records from a distracted driver.
Prove The Facts Of The Case
You should work closely with your wrongful death lawyer to prove who may have caused the accident. Also, communicate with your attorney to make them understand your full damages, such as medical expenses, lost income and inheritance, loss of care and support, and emotional anguish of you and others in the family.
File The Wrongful Death Lawsuit
Your wrongful death attorney will ensure you follow all legal deadlines, such as the statute of limitations. You should speak to a wrongful death lawyer as soon as you can after your loved one dies. It’s understandable if you don’t want to deal with legal questions when your loved one is gone. However, it will help your claim by giving the lawyer the most time to prepare the case.
Negotiate a Settlement Or Go To Court
Your wrongful death lawyer will try to negotiate the best settlement for your losses, including medical bills, funeral expenses, lost income, pain and suffering, mental anguish, etc. Most wrongful death lawsuits end with a settlement, but your attorney will take the case to trial, if needed.
How Can A Wrongful Death Lawyer Assist You?
Dealing with the loss of a relative is challenging. Nothing will replace your loved one’s presence, care, and support. However, a wrongful death lawsuit can offer critical assistance in obtaining the compensation you need to move forward. Your wrongful death attorney can help with your claim by:
- Offering a free legal consultation to determine if there is a case. Your case may qualify if another person or entity caused your loved one’s death, and there is strong evidence available of the negligence or wrongful action or inaction.
- Gathering eyewitness statements to the incident that caused the person’s death.
- Obtaining and analyzing the person’s medical records to understand how they died.
- Retaining experts to build the case. For example, your attorney can hire an accident reconstruction specialist to prove how the person died and who caused it.
- Finding all insurance policies that should pay the claim, such as auto insurance, umbrella, and homeowner’s policies.
- Investigating the liable person or entity to prove their negligence.
- Sending an insurance demand letter for a settlement based on your documented losses.
- Negotiating with the liable insurance company to pay the best settlement.
- File the case in court and present the case to a jury, if needed.
What Is Your Wrongful Death Claim Worth?
You lost a loved one and have huge economic and non-economic losses. It’s understandable to want to know the claim’s value. Every case differs from the last, but the compensation you receive is based on these factors:
Income And Earning Potential
You should receive money for what the person should have earned if they had not died. This calculation regularly involves financial or possibly occupational experts.
Negligence
The severity of the conduct involved in the death is also a factor. You might receive more if a highly intoxicated driver killed your loved one in a crosswalk. Extreme negligence and recklessness can lead to punitive damages for the grieving family.
Mental Anguish
Imagine if a wife and three children lost their loved one. This can cause tremendous pain and suffering, as well as mental anguish. The claim should consider all the mental anguish a family feels due to a sudden loss.
Speak To A Wrongful Death Attorney Today
Losing a loved one because of another party’s negligence is devastating. Your life and future may seem uncertain. However, a wrongful death attorney puts you in the best possible position to seek compensation for your losses. Talk to a personal injury attorney in your community today for a free consultation.
