What is Wrongful Death?

When someone dies because of another person’s negligence or wrongful conduct, it is called a wrongful death. The family or estate of the decedent can file a wrongful death lawsuit. Learn all about wrongful death lawsuits in this article. Then, contact a wrongful death lawyer in your city for additional information.

What Must Be Proven In A Wrongful Death Claim? 

It may seem clear that someone’s negligence caused your loved one’s death. For example, suppose a driver ran a red light and T-boned your loved one’s car in an intersection. The person died in the accident. While fault seems obvious, you must prove that the other party’s actions or inactions caused the death. Doing so convincingly in the legal process requires the assistance of a wrongful death attorney. A wrongful death lawyer knows how to prove fault in personal injury and wrongful death claims. Doing so requires proving the following:

• The person had a duty of care: If the death was in a car accident, the other driver had a duty of care to all motorists to drive safely and obey the law. 
• The person violated their duty of care: The person, for example, ran a stop sign and hit and killed your loved one in a crosswalk. 
• The breach of duty caused the victim’s death: The deceased died in the crosswalk because the defendant hit them with their car. 
• You suffered damages because of the breach: You lost your loved one and have burial expenses, mental anguish, lost income, lost inheritance, and more. 

Your wrongful death lawyer will review the case evidence to determine how to prove that the defendant caused the death. Some of the evidence that can prove liability are:

• Police reports
• Photos and videos of the accident scene
• Eyewitness statements
• Cell phone records
• Surveillance video of the accident
• Expert witness accident scene analysis and statements
• Medical records

Hand over any evidence to your wrongful death attorney during your initial legal consultation. For example, if you have dash cam video of the accident that killed your loved one, give that to your lawyer.

Who Can File A Wrongful Death Claim? 

Every state has laws outlining who can file a wrongful death claim. Generally, close family members and the deceased’s estate can file a wrongful death lawsuit. You should speak to a wrongful death lawyer in your state about who is eligible to file. Parties can include:

• Immediate family members: Most states allow spouses and children to file wrongful death lawsuits. This includes adopted children. Parents of unmarried children are also usually eligible to file. 
• Financial dependents and life partners: In many states, domestic or life partners can file wrongful death lawsuits. Also, anyone who depended financially on the deceased can file. 
• Distant family members: Some states let distant family members file, such as grandparents or siblings. 
• The estate: Many states require that an administrator of the estate file a wrongful death lawsuit. The administrator may be named in the will, or one can be appointed. 

Speaking to your wrongful death attorney about who can file your case in your state is vital. Laws differ, and filing the case correctly is essential for the best result. Your attorney will know who can file and the process for your state.

Who Can You Sue For Wrongful Death? 

Wrongful death lawsuits can be filed against many people and entities, depending on the case. For instance, in a car accident with a drunk driver, you may file a wrongful death claim against:

• The driver himself. 
• The employer, if the driver was working during the crash. For example, if the driver was a full-time delivery worker and caused your loved one’s death, you can file a claim against the company. 
• The builder or designer of the road, if a road defect led to the accident. 
• The manufacturer or installer of a faulty vehicle part that caused the crash. 
• The person or business that sold alcohol to the driver (in some states). 
• The owner of the home or business where alcohol was given to the driver (in some states). 

A wrongful death attorney will thoroughly examine the accident and find potentially liable parties. Once the liable party or parties are identified, your attorney can name them in the wrongful death claim or lawsuit.

How Do You File A Wrongful Death Claim? 

Filing a wrongful death case correctly and its ultimate success depends on following the state’s and court’s laws. This is why you need a lawyer with specific experience handling this type of claim. The steps to filing a successful wrongful death claim include the following:

• Identifying the at-fault party or parties: Filing the case against the correct person or entity is critical. If more than one party shares fault, you should always file claims against all liable parties. Otherwise, you can leave money on the table before your case even starts. 
• Calculating losses: A claim should state the compensation you are seeking for the wrongful death. An experienced attorney can identify all your losses and determine their value for this purpose.
• Filing the case within the statute of limitations: Every state has a statute of limitations for filing wrongful death lawsuits. Many states require you to file between two or three years of the date of the person’s death. 
• Completing the necessary legal documentation includes court filings, legal notices for the parties being sued, etc. Your attorney knows all of the paperwork that must be filed for a successful wrongful death lawsuit. 

What Is A Wrongful Death Claim Worth? 

Every wrongful death claim is different, so there is no average amount that you can rely on. However, it can be said that several factors will influence how much you receive in your wrongful death settlement:

The Deceased’s Age

If the person died when they were relatively young, the case may have a higher value. For example, if your spouse died at 35 in a car accident, they probably had at least another 30 years of work life ahead of them. This case may have a higher value than if the deceased was 70 and retired.

Income, Education, And Training

People with a higher income, education, and training generally have a higher case value in wrongful death claims. For example, if the deceased was an attorney with 20 years of experience, their case may be more valuable than a delivery driver with a high school degree.

Medical Expenses

If the victim was in the hospital for an extended period and died, you have medical expenses for that time. The case will possibly be worth more than if they died at the accident scene.

Household Services

How the deceased contributed to the home is another factor in the wrongful death claim. If the person didn’t work and cared for the children while you worked, the value of their household services will be higher in the lawsuit.

Fault For The Accident

Was another driver entirely at fault for the accident that killed your loved one? Then, your case will have a higher value. If the deceased was partially to blame for the accident, the value may be less.

Your wrongful death attorney will review the circumstances of the case and everything about your loved one. They can give you a ballpark estimate of what similar cases have been valued at in recent years in your area.

Pain And Suffering

This category refers to the deceased’s pain and suffering before and during death. If death occurred immediately, the case will have a lower value than if they were severely burned and suffered in the hospital for a month.

Insurance Coverage

The amount of insurance available is another critical factor in the value of a wrongful death claim. If only $100,000 of coverage is available in an auto insurance policy, it can be challenging to get more money. Many defendants don’t have significant assets. However, if a business is liable, they usually have higher liability coverage, and the case can have a higher value.

What Does A Wrongful Death Settlement Cover? 

A wrongful death settlement usually covers economic and non-economic losses related to the death. These may include some or all of the following:

• Medical expenses: The cost of your loved one’s care before they died, if you are responsible for those expenses. 
• Lost income: Was your loved one a breadwinner in your home? You may be entitled to the income they would have earned if they lived a normal lifespan. Your attorney will review their education, training, experience, and income when the person died. 
• Loss of companionship: As a close family member, such as a spouse, your relationship with your relative has value. 
• Pain and suffering: The physical pain that your loved one suffered during death can also be covered in the settlement check. 
• Burial and funeral expenses: You should receive compensation for any burial expenses you paid. 
• Emotional anguish: You also should be paid for the mental and emotional anguish you suffered. 

Should You Settle Or Go To Court? 

Most wrongful death claims are settled out of court. Usually, the family wants to obtain compensation to deal with the financial impacts of the loss. They also may want to feel a measure of justice related to the defendant’s negligence as soon as possible. However, not all cases can end with a settlement. The insurance company may offer less than your attorney thinks is warranted. Your attorney may recommend taking the case to a jury if that happens. On the other hand, you may want to take a settlement if you need money more quickly; court cases can take a long time to schedule and play out.

How Is A Wrongful Death Settlement Paid Out? 

A wrongful death settlement is usually paid with a lump sum or structured settlement. A lump sum payment is one at the end of the wrongful death case. All the money is paid immediately after your attorney deducts their legal fees and expenses. Your wrongful death attorney also will compensate any medical provider with outstanding bills related to the death. Then, you will receive the balance in one payment.

A structured settlement is a plan that pays you or the beneficiary once per year or month over a set period. You should establish a structured settlement for tax purposes or to ensure that all the money is not spent too quickly. Your wrongful death attorney can connect you with financial and tax professionals to review your payment options.

Caps On Wrongful Death Damages

Some states limit how much plaintiffs can receive in a wrongful death claim. For example, there is a cap in Florida for non-economic damages, such as mental and emotional anguish. Talk to your wrongful death lawyer about any damages caps that are in place in your state.

Speak To A Wrongful Death Attorney Today 

Did your loved one die in an accident caused by another person? Nothing can replace your relative, but you should consider filing a wrongful death lawsuit. Your mental and emotional anguish and other losses have monetary value, and wrongful death lawsuit funds can help to secure your future and move your life forward. Wrongful death attorneys are available in your community today for a free consultation. They will review your case and determine if another person’s negligence caused the accident.