More than a quarter million Americans die because of someone’s negligence or wrongful action every year. The time after losing a loved one is devastating, and the last thing you may think about is taking legal action. However, your loved one’s death can leave an immense emotional and financial hole in your life. You may want to file a wrongful death lawsuit against the liable party to obtain compensation.
Knowing who can file a wrongful death lawsuit is critical as you consider legal action. Learn about this important topic below. Then, contact a wrongful death attorney in your city to learn more.
What Is A Wrongful Death Claim?
A wrongful death lawsuit is a claim that close family members file against the person or party who caused their loved one’s death. A wrongful death claim allows the surviving family to obtain compensation for their losses, including lost income and inheritance, burial and medical expenses, loss of care and support, pain and suffering, mental anguish, etc.
To file a valid wrongful death claim in your state, the following must be proven:
- An immediate family member died.
- Another person or entity caused the death because of negligence or an intentional action.
- The surviving close family suffered damages because of the death.
- You have chosen a representative for the victim’s estate to file a claim.
Who Can File A Wrongful Death Lawsuit?
Before you can obtain compensation for your losses, you must ensure the claim is filed correctly. This process includes knowing who can file the wrongful death lawsuit. Every state has its rules and laws for the wrongful death process.
For instance, in California, there are several parties who are allowed to file a wrongful death suit:
The Surviving Spouse Or Domestic Partner
If the victim was legally married when they died, the spouse or domestic partner has the primary claim to file the lawsuit. However, the spouse can be denied the right to file the case if they are not legally fit. The surviving spouse also may decide to waive their right as the priority representative.
The Surviving Children
If the victim didn’t have a spouse, the surviving children may file a wrongful death lawsuit. ‘Children’ means biological children, stepchildren, and adopted children. If the children are under 18, the judge will appoint a guardian to file the claim. Grandchildren also can file if the victim’s children are dead.
Dependent Minors In The Home
Next, minors who lived with the victim can file a claim even if they were not legally the person’s children. However, the minors must have lived there for six months and depend on the person for care and support.
Parents
Parents showing the court that they were financially dependent on the victim may file a claim. Also, if the victim was underage or unmarried and had no children, the parents have the right of priority.
Other Heirs
Suppose none of the above survives the victim. In that case, others may be heirs in a will and are entitled to file a wrongful death claim on behalf of the victim. This can include a life partner, close friend or legal guardians.
If no immediate family entitled to the victim’s property are alive, any next of kin of the victim is eligible to file the wrongful death claim.
Personal Representative
There may be several people eligible to file the claim. However, it may be hard for one wrongful death lawyer to represent every family member without disagreements. In this case, a good option is to have a personal representative of the estate file one lawsuit on behalf of all parties. Your wrongful death attorney can help choose a personal representative if needed.
Who Can Be Sued For Wrongful Death?
You can file a wrongful death lawsuit against the person or entity that caused your loved one’s death. Some examples of parties that can be sued for wrongful death are:
- Another person who caused an accident. For example, many wrongful death lawsuits involve auto and truck accidents. You can file a wrongful death lawsuit against the driver who hit your loved one in a crosswalk. Or, you can file a claim against a drunk driver who hit and killed your loved one in a head-on crash.
- An employer. Some wrongful death claims involve employer negligence. For example, if a drunk driver was working for a delivery company when the deadly crash happened, you can file a claim against the employer and driver.
- A medical facility. If you sue for wrongful death for medical malpractice, you can file a claim against a hospital or medical facility.
- A product manufacturer. Did you lose a loved one because of a defective product, such as a motor vehicle? You may file a product liability lawsuit against the vehicle or part manufacturer.
- A property owner. This is a possibility if your loved one died in a premises liability case, such as a slip and fall in a retail store. Another possibility is suing a homeowner if your loved one died in the home because of a hazardous condition, such as a hole in the floor.
- A person who intentionally caused the incident. An example would be if a jealous boyfriend intentionally murdered hi girlfriend. In this situation, the accused can face both criminal and civil cases.
- A dog owner whose animal attacked your loved one and killed them. Many states, including California, have strict liability laws for dog attacks. This means the owner may be liable for your losses, even if the dog didn’t act aggressively before.
- Government agencies that don’t provide warnings about road hazards that lead to death.
There are many possibilities regarding who can be sued for wrongful death. The bottom line is that the person or entity must have engaged in negligence or a purposeful action that resulted in the person’s death.
What Types Of Incidents Trigger Wrongful Death Claims?
There are many types of accidents and other incidents that can lead a family to file a wrongful death lawsuit:
Auto Accidents
Auto and truck accidents are the most common reason for wrongful death lawsuits. Many types of auto accidents lead to severe injury and death every year in the United States. It’s estimated that approximately 40,000 people die in auto accidents annually. While many are single-vehicle crashes, some are caused by another person’s negligence.
Unfortunately, many families don’t realize that they can receive compensation in a lawsuit if another person kills their loved one in a crash. In truck crashes, the size and weight of the commercial vehicle usually lead to severe injury or death for occupants of the other vehicle.
Pedestrian Accidents
Pedestrians and cyclists aren’t protected by a large, heavy vehicle. So, if a car or truck hits them, there are almost always serious injuries, and death is common. The accident victim can suffer fatal injuries from hitting the ground or slamming into the vehicle.
Slip And Fall
Property owners have a duty of care to keep their property safe so guests and authorized visitors aren’t injured. A slip-and-fall accident can turn deadly if the person hits their head in a fall. These severe accidents can happen in a retail store, at home, on a sidewalk, or in other public places. A wrongful death lawsuit can assist with filing a civil claim in your premises liability case.
Assault
Many wrongful death claims are due to accidents. However, some lawsuits are filed because of deliberate actions. Suppose another person assaults your loved one with a deadly weapon and kills them. This is a crime; the defendant may serve prison time if convicted. You also can file a wrongful death lawsuit against them in civil court.
Medical Malpractice
Most medical professionals are good at their jobs and properly care for patients. However, medical errors happen every day, and sometimes, they lead to death. Common causes of medical malpractice claims are surgical errors, drug errors, not diagnosing a condition, and misdiagnosis.
For example, sometimes a doctor will diagnose a coughing patient with pneumonia. But a few months later, it’s learned that the patient has lung cancer. This can be a case where a personal injury or wrongful death lawsuit should be filed.
Did you lose a loved one recently in an accident or because of a deliberate action? You can be eligible to file a wrongful death lawsuit.
How Do You File A Wrongful Death Claim?
If you act within the statute of limitations, the next step is to hire a wrongful death lawyer to file legal documents to start the case. Your attorney will file the appropriate documents and provide the defendant with the factual and legal reasons for the suit. This includes informing the defendant that they are being sued. Next, the parties usually exchange documents and take witnesses’ depositions during the discovery process.
The first step is to speak to a wrongful death attorney in a free consultation. They will review the incident that caused your loved one’s death and inform you if there is a case. Critical to your case is that there is strong evidence that another party’s negligence or wrongful action caused the death.
For example, if a drunk driver hit and killed your loved one in a crosswalk, your attorney will obtain proof of the accident. Evidence that may be used to prove negligence is:
- Police reports show how the accident happened and who may have been responsible. The reports won’t always assign blame, but this evidence can be important for settlement negotiations.
- Photos and video from the crash scene. Eyewitnesses may have taken video and photos of the crash scene that suggest how it happened. For example, a drunk driver accident may have tire marks before the crosswalk where the victim was killed.
- Surveillance video that shows the accident. Your attorney can obtain surveillance video footage from a traffic camera or a nearby business.
- Eyewitness statements that state how the crash happened and if the accused appeared intoxicated.
- Breath or blood tests taken by the police that show the accused was drunk.
Your attorney will review all of the evidence to determine if they can prove that another party’s negligence caused your relative’s death.
How Much Can You Get In A Wrongful Death Lawsuit?
Wrongful death lawsuits may result in compensation in the thousands or millions, depending on the case details. No ‘average’ settlement can be stated without being highly misleading. However, several variables will influence what you potentially receive in your lawsuit:
Educational Background And Profession
You may receive compensation for lost income from the victim. The amount you receive will vary based on the person’s level of education, income, and profession.
For example, if the victim was a software developer earning $150,000 per year, the family can receive more money than if the person was a school teacher. This isn’t to say that any profession is more ‘valuable’ than another; it simply reflects that certain occupations have higher incomes than others.
Age
The victim’s age also will affect the compensation the family receives. Suppose the decedent was 30 when they passed away in a car crash. They would have worked for at least another 30 or 35 years, so the potential lost income is higher than if the victim was retired.
What Is The Wrongful Death Statute Of Limitations?
It depends on the state. You have two years from the death in California to file your claim. So, retain a wrongful death attorney quickly to ensure enough time to research and file the lawsuit.
Speak To A Wrongful Death Attorney Now
You lost a loved one in an accident, and another person caused it. These cases require a deep understanding of both medical and legal principles. You shouldn’t have to pick up the pieces of your life without compensation. When someone kills your loved one by accident or intentionally, you can file a wrongful death lawsuit to obtain compensation for your losses. You may receive money for lost income, pain and suffering, mental anguish, and more. Contact a personal injury lawyer in your community today to get started.
