Wrongful death lawsuits are among the most tragic of civil suits. The loss of a family member not only comes with emotional loss and grief but often comes with a financial loss. While a lawsuit cannot bring back a lost family member, pursuing monetary recovery through a wrongful death claim can help bridge the financial loss.
Contact a wrongful death attorney to assist your family in a wrongful death suit if you lost a loved one because of another’s negligence.
Potential Plaintiffs In a Wrongful Death Lawsuit
Wrongful death lawsuits are reserved for specific family members. The right to file a wrongful death suit depends on state law. Contact a lawyer to discuss your right to receive compensation after a wrongful death.
Immediate Family Members
Most states allow immediate family members to sue to recover compensation after a wrongful death. Immediate family members usually include the deceased’s spouse, children, and sometimes their parents. The availability for others to file a wrongful death suit if there are no immediate family members depends on state law.
Parents of Minor Children
In cases where the victim of a wrongful death is a child, the deceased’s parents might be immediately entitled to sue for damages. Under these circumstances, the child’s parents or legal guardians are the plaintiff or plaintiffs.
Domestic Partners
Some states allow domestic partners or long-term romantic partners to sue for wrongful death. Wrongful death law is state-specific, so speaking to an experienced attorney will help you understand your right to sue after losing a domestic or long-term partner to a wrongful death accident.
Representatives of the Estate
In cases where the deceased left no immediate family or anyone else that will fit into the above-listed categories, the deceased’s representative might be allowed to file a wrongful death lawsuit on behalf of the estate.
Other Dependents
If none of the other categories for plaintiffs are available, some states allow other dependents to sue for wrongful death. These “other” dependents must have depended financially on the deceased during their lifetime.
Elements of a Wrongful Death Case
A wrongful death claim is a negligence action. Below, we describe each of the elements of negligence in further detail.
Proof of Negligence
To win a wrongful death case, a surviving family member must prove each of the elements of negligence. A negligence claim is won by proof of each element, including duty, breach, causation, and damages.
Duty
A wrongful death plaintiff must prove that the tow truck driver and other potential defendants owed a duty of reasonable care. Reasonable care means that the defendant must have acted in the same or similar manner as a reasonably prudent person in similar circumstances. Defendants owe drivers a duty to act safely and avoid causing injury.
Breach
The defendant breaches their duty of care by failing to act reasonably. Proof of accidental death typically shows that there was a breach of the defendant’s duty to the plaintiff. An attorney can help explain your rights after a wrongful death case and help determine whether the defendant breached their duty of care.
Causation
The defendant’s actions or inaction must be the cause of the victim’s death. An investigation into the facts of the accident can help determine the victim’s cause of death.
Damages
Finally, the wrongful death plaintiff must prove that they have suffered damages. Typically, wrongful death plaintiffs can be compensated for their financial losses and damages that the victim would be entitled to if they had survived the accident.
For example, if the plaintiff financially depended on the victim, they can recover that loss.
Similarly, if the victim would have been entitled to recover their medical expenses, the family can usually receive compensation for those costs.
Additionally, wrongful death plaintiffs can recover for the cost of burial and funeral expenses.
Relationship to the Deceased
Plaintiffs must also prove that they have a relationship with the deceased. State law enumerates the family members that have the right to file a wrongful death lawsuit. Typical plaintiffs that can file a wrongful death lawsuit are explained above.
Sources of Wrongful Death Cases
Many different types of accidents can end in a wrongful death. Contact an experienced attorney if you suspect that your loved one was killed in a wrongful death accident. The following are common examples of when wrongful deaths occur.
Defective Products
Product manufacturers must put safe products into the marketplace. Unfortunately, companies sometimes breach their duty to provide safe products. Severe injury and death can be the result of a defective product. A family who lost a loved one in a wrongful death accident involving a defective product might have a case against the product manufacturer. Consult an attorney to learn your rights after an accident.
Motor Vehicle Accidents
A wrongful death can easily happen because of a motor vehicle accident. Whether a driver’s error caused the accident, bad road conditions, or another reason, your attorney will help determine the cause and hold the person or entity accountable for your losses.
Medical Malpractice
Medical malpractice is responsible for thousands of wrongful deaths nationwide each year, according to statistics published by the National Practitioner Data Bank, in 2022 alone, more than 3,000 medical malpractice wrongful death claims were paid out nationwide.
Medical malpractice and wrongful death are complex areas of the law. You need an attorney with experience in each area to assist you as you work toward receiving financial compensation after a wrongful death accident.
Workplace Accidents
According to data published by the United States Department of Labor, in 2021, more than 5,000 workers suffered a fatal injury during a workplace accident. Holding employers and businesses accountable when they fail to maintain a safe working environment is crucial. An experienced wrongful death lawyer can help do that.
Special Considerations for a Wrongful Death Case
Because of its complexity, there are some special considerations that wrongful death plaintiffs should be aware of before filing their lawsuit. The following are two major considerations for the surviving families of wrongful death accident victims.
Statute of Limitations
The statute of limitations is a vital consideration in a civil lawsuit. It is particularly important for wrongful death lawsuits. The statute of limitations is a deadline set by state law for how long a plaintiff has to file a complaint.
It is a special consideration in wrongful death lawsuits because some states start the timer for meeting the deadline at the time of the victim’s death, and others determine the deadline on the date of injury.
Speak with an attorney immediately to ensure you meet all critical deadlines.
State Laws
Wrongful death laws vary by state. Discussing the complexities of applicable wrongful death statutes with an experienced attorney is vital.
How Can An Attorney Help Me in a Wrongful Death Case?
An attorney offers a valuable source of legal knowledge that will help make sound decisions after losing a loved one in a wrongful death accident. The following are some of the most practical ways a wrongful death attorney can help after a loss.
Access to Experts
Civil accident cases, like wrongful death lawsuits, are won on the evidence presented to an insurance company, a judge, or a jury. In some cases, you might need an expert witness to give an opinion about your loved one’s cause of death or other details about the case. Generally, attorneys have better access to these witnesses.
Communicate With Insurance Companies
Speaking to an insurance company after an accident, especially a wrongful death accident, can be overwhelming for victims. Insurance companies are not keen on giving families the compensation they deserve after a loss, either. Having an attorney working on your behalf means you have an advocate who understands insurance companies’ tactics to avoid payment and how to overcome them.
Legal Experience
Understanding the ins and outs of a legal matter can be complex. Getting a legal professional to review the details of your case with you means that any procedural rules, deadlines, or arguments from the defense will not blindside you.
Representation in Court
Your attorney might file a lawsuit if settlement negotiations do not go well. There is a chance that your case will end up being seen inside a courtroom. Fighting for the compensation you deserve in court can feel scary and intimidating. Having an attorney means that you have an advocate to plead your case on your behalf.
Emotional Support
Wrongful death cases are among the most heart-wrenching types of civil lawsuits. You and your family will need the support of legal professionals during this time. Getting the right attorney on your side can help your family focus on each other while your wrongful death lawyer focuses on your legal recovery.
Help With Mediation or Alternative Dispute Resolution
Sometimes, a wrongful death lawsuit might be settled through mediation or alternative dispute resolution. While these avenues can feel less formal than negotiations or court, having someone familiar with the process is still important to help get the most out of the experience.
What Damages Are Available in a Wrongful Death Case?
As a surviving family member, you may be entitled to recover for certain losses after the wrongful death of a loved one. Consult an experienced wrongful death attorney to fully understand what you are entitled to receive under state law.
Emotional Suffering
After losing someone close to you, of course, you will live with a lot of emotional distress and mental anguish. Wrongful death plaintiffs are often entitled to recover monetary compensation for the emotional suffering that they endured because of the accident.
Lost Income
One goal of allowing wrongful death claims is to supplement the family’s lost income. Close family members likely partially or fully relied on the deceased’s income to survive. Many states allow the surviving family members to recover from losing the deceased’s income.
Funeral Costs
Many states allow family members to recover funeral and burial expenses.
Medical Expenses
Under the wrongful death laws of some states, the surviving family members can recover for the losses that the victim would have been compensated for had they survived the accident. For example, suppose the deceased was in a motor vehicle accident and lived several days in the hospital after the impact. In that case, the family may recover the cost of final care for the deceased.
Common Mistakes To Avoid When Filing a Wrongful Death Claim
Like any civil lawsuit, plaintiffs might make some common mistakes. Consult an attorney immediately to avoid the following common mistakes wrongful death plaintiffs make.
Non-Compliance With Procedural Rules
It is vital to your case to comply with each procedural rule. Having a personal injury attorney will help ensure compliance and avoid your case being dismissed on technical grounds.
Improper Valuation of Your Claim
Many victims downplay their losses. Speak to an attorney to ensure you are claiming all your losses. Downplaying damage can negatively affect your family’s future.
Failing To Identify All Potential Defendants
Many people or entities might share the blame for a wrongful death accident. Each responsible party must take accountability for their part in the case.
Not Gathering Enough Evidence
Even if you have gathered enough evidence to prove your case, you can have insufficient proof to win. An attorney will carefully review your claim and make a plan to gather all relevant evidence.
Contact a Wrongful Death Lawyer Today
Losing a loved one is devastating, but when their death is the result of someone else’s negligence, the pain can be even more unbearable. If you believe that your loved one’s death was caused by someone else’s actions or failure to act, it is time to seek legal help. By reaching out to a wrongful death attorney, you can get the guidance and support you need during this difficult time.
A wrongful death attorney specializes in helping families who have lost a loved one due to the misconduct or negligence of another party. They have the knowledge and experience to navigate the complex legal process and advocate for your rights. Don’t delay, get the help you need today.