Suffering an injury due to someone else’s carelessness is already tough. When a family member dies, survivors often experience anger, grief, and confusion. They desire accountability for the loss and may think about legal recourse during this challenging period.
These legal actions are known as wrongful death claims. In such lawsuits, the victim’s family can sue the person or entity responsible for the death.
While a wrongful death claim cannot bring back the victim or result in criminal charges against the defendant, it can provide some financial compensation to the family for their loss. If you’ve been in such a case, then consult wrongful death lawyers for the best outcome.
What Is Wrongful Death?
Wrongful death is defined as any death resulting from the negligent, willful, or wrongful actions of another person. Unlike a personal injury claim, which is brought by the injured person, a wrongful death claim is brought by the victim’s family or estate.
Each state has its own laws regarding wrongful death. These laws determine who can sue for wrongful death and the limits on damages that can be recovered. The statute of limitations for filing a wrongful death lawsuit varies from one to three years in most states.
Who Are Considered Survivors in a Wrongful Death Case?
Most state laws limit recovery in wrongful death cases to immediate family members, surviving spouses, children, and parents. The requirements differ from those considered heirs under the will or the state intestacy laws.
For instance, a non-family member who is a named beneficiary of a will cannot file a wrongful death suit. However, the personal representative can file a suit on behalf of the decedent’s estate. Any damages recovered are then distributed according to the will or state laws for intestacy.
More on Wrongful Death
Wrongful death lawsuits often follow or accompany other personal injury cases. Proving negligence is the first step in these cases, where the plaintiff must demonstrate that the defendant owed a duty to the victim, failed to meet that duty, and caused an injury resulting in death. The key difference is that surviving family members are entitled to compensation for their loss.
Various legal areas intersect with wrongful death, including:
- Criminal trials: Civil trials require a lower burden of proof than criminal trials, so a verdict of “responsible for causing the death” can be obtained even if the defendant was not found guilty in a criminal trial.
- Motor vehicle accidents: Car accidents, especially those involving DUIs and traffic violations, often do not result in criminal charges. Wrongful death claims can provide financial compensation in such cases.
- Workplace accidents: Employers are obligated to provide a safe working environment, and a breach of this duty can lead to wrongful death lawsuits.
- Product liability: Defective products that cause injury or death can result in mass torts or class action suits, in which family members may participate in a wrongful death claim.
- Medical malpractice: When negligence during medical treatment leads to death, family members may have unanswered questions and significant medical bills. A wrongful death settlement can help address these issues.
What Damages Are Covered in a Wrongful Death Claim?
Wrongful death claims are legal actions in civil court, not criminal proceedings. Unlike criminal cases, there is no determination of guilt. Instead, parties may be found liable for the death, which is different from being found guilty. The plaintiffs in these cases receive financial compensation, or damages, for their claim.
Damages in wrongful death claims are typically limited to economic and non-economic damages:
- Economic damages include lost income, lost future income, medical expenses paid by survivors, funeral expenses, and other monetary losses.
- Non-economic damages include loss of companionship (consortium), parental loss, and emotional suffering.
Consult a Lawyer As Soon As Possible
If someone in your family has experienced a wrongful death, seeking legal guidance is crucial. Experienced personal injury lawyers can assist you in initiating legal proceedings promptly to meet the statute of limitations, aid you in collecting evidence, and represent you during negotiations.
