Accident victims can file a personal injury lawsuit if someone’s negligence led to their injuries. However, what happens if the person in the accident dies from their injuries? In this devastating case, the surviving family members may receive compensation through a wrongful death lawsuit.
Wrongful death lawsuits are complex and difficult to navigate successfully. So, you should always retain an experienced wrongful death attorney to guide you. Also, it’s critical to understand the statute of limitations for filing a wrongful death lawsuit so you don’t miss out on the compensation opportunity.
Wrongful Death Overview
A wrongful death is when a person or entity doesn’t fulfill their legal duty and causes someone to die. The death may be an accident or intentional. When this happens, the surviving family may file a wrongful death claim to seek compensation for their losses. You must file the case according to state law. Some states require a surviving family member to file the claim, while others require a personal representative to file the legal action.
A wrongful death lawsuit requires the plaintiff to prove several things:
- A person, company, or organization was negligent or committed an intentional and wrongful act.
- The person’s or entity’s actions were the cause of the person’s death.
- The family suffered damages related to the death.
If your wrongful death attorney proves these points, surviving family members or the deceased’s estate may be awarded compensation in a settlement or jury verdict. Most wrongful death claims settle, but some cases proceed to court.
Wrongful Death Claim Statistics
Many people don’t realize how many people die every year in the US because of negligence or someone’s wrongful action. When such a tragedy happens, they also may not realize that they have a right to compensation in a wrongful death lawsuit.
Deaths from accidents, murders, and wrongful actions in the US are common. For example, consider these sobering medical malpractice statistics:
- One-third of medical care providers face malpractice lawsuits during their careers.
- Medical care providers make avoidable mistakes in three to 15 percent of cases.
- Misdiagnosis is one of the most common types of medical malpractice.
Prescription errors are rampant, with morphine and insulin the two medications that most often lead to medical malpractice lawsuits. Surgeons are the most likely to be sued for malpractice.
The CDC reports 130,557 unintentional deaths, which amounts to 41 deaths per 100,000 people. The three leading causes of unintentional deaths were unintentional falls, car accidents, and unintentional poisoning deaths. Many of these deaths likely resulted from another party’s intentional actions or negligence and can serve as the basis for a wrongful death claim.
What Is The Wrongful Death Statute Of Limitations?
The statute of limitations sets the time limit for filing a wrongful death claim in court. The time limit in most states to file the claim is two years from the date of death, but it can differ where you live.
However, if the death was due to medical malpractice, the ‘clock’ on the statute of limitations may not start until you learn of the malpractice that led to the death. For instance, if you didn’t know for six months after the death that malpractice was the cause of death, the clock will not start on the time limit until you know.
Ensure that you retain a wrongful death attorney promptly. Otherwise, you can miss the statute of limitations if you wait too long to file.
The Two Types Of Wrongful Death Claims
Wrongful death can happen in any case where a death is due to someone’s negligence or by an intentional action.
First, a wrongful death case can occur if someone intentionally injures or murders another person. For example, if someone deliberately runs over your loved one in the street and kills them, this is a wrongful death. The defendant also may be charged with homicide, but that is a criminal matter and separate from a wrongful death lawsuit.
Second, a wrongful death claim also can be filed against a defendant who caused harm accidentally. For example, suppose a drunk driver runs a red light, hits, and kills your loved one in a crosswalk. They can face a wrongful death lawsuit and criminal charges.
If the wrongful death claim involves negligence, your attorney must prove the following statements:
- The defendant had a duty of care to the deceased. For example, a car driver must obey the law and not injure other motorists and pedestrians.
- The defendant violated their duty of care by, for example, running a red light and hitting the victim in a crosswalk.
- The surviving family has damages from the loss, such as medical bills, funeral bills, and loss of income.
You can file negligence-based wrongful death lawsuits after nearly any type of accident, including auto accidents, defective products, slip and fall incidents, dog bites, workplace accidents, and construction accidents.
Who Is Allowed To Sue For Wrongful Death?
A person who died in an accident or intentional act cannot sue; it’s critical to understand who can file a wrongful death claim. Most states allow the following parties to file a wrongful death claim:
- The surviving spouse or legal partner
- Children
- Parents
- Immediate family members
- A personal representative of the person’s estate
Talk to a wrongful death attorney in your state to understand who can file the claim in your jurisdiction.
What Can You Receive In A Wrongful Death Settlement?
Compensation in a wrongful death claim depends on many factors. There is no typical settlement because every case is unique. Many plaintiffs receive the following damages in a wrongful death lawsuit:
- Medical bills you had to pay while your loved one was alive but still receiving care.
- Pain and suffering they suffered during the accident and before death.
- Loss of the person’s income.
- Loss of services, such as caring for children or repairing and cleaning the home.
- Loss of inheritance you may have received if they had lived.
- Loss of consortium and companionship.
- Funeral expenses.
- Your mental and emotional anguish.
Factors that influence the amount received in a wrongful death claim are:
- How old was the deceased?
- The victim’s health before the accident.
- The person’s earning ability, income, training, and education.
- How old are the survivors, and what are their situations?
- Amount of funeral and medical expenses.
- How much the person suffered.
- How many benefits have you lost, such as retirement and health insurance?
How An Attorney Can Help With A Wrongful Death Claim
The sudden loss of a loved one can devastate you. You will be overwhelmed mentally, emotionally, and physically from such an extreme shock. It is difficult to deal with the death and sudden absence of your loved one all by itself. Then, you add in worries about funeral and memorial arrangements, and also legal and insurance issues…it’s all too much to handle.
A wrongful death attorney can remove some of the burden from your shoulders regarding legal and insurance matters so you can focus on your family. A wrongful death lawyer can review the case with you when the time is right. They will find out what happened, perform an investigation, and collect evidence to build a wrongful death case.
The wrongful death lawyer may request your loved one’s medical records and any filed law enforcement reports. They also may talk to the police and healthcare providers involved in the case. Further, they may retain independent professionals to reconstruct the accident, determine how it happened, and who is liable.
Further, your wrongful death attorney will review the economic losses related to the death, such as funeral bills, lost income, and medical bills. They also will consider the long-term financial impacts that the death causes. For example, if your loved one might have worked 30 more years and was a network engineer, you may have lost millions in future income because of the death.
The attorney also will consider the mental and emotional suffering that you and others have without your loved one. Your attorney will use this information to determine a fair cash value.
Next, your lawyer will submit a formal complaint to the court to establish the facts of the case. They will also file a summons to notify the defendant of the lawsuit. Then, your attorney and the attorney for the defendant will share information about the case; this is called discovery.
In most wrongful death claims, an insurance settlement resolves the case. For example, if a truck driver hits and kills your loved one at a red light, their employer’s insurance company may offer a settlement to avoid going to court. However, some insurance companies may take the case to court in high-value cases.
Your attorney will attempt to negotiate a fair settlement that takes into consideration all of your economic and non-economic losses in the wrongful death claim. The settlement negotiation process may take a few weeks or even months. Listen to your attorney’s advice about whether a particular settlement offer is fair if you should negotiate for more, or even go to trial.
In summary, wrongful death claims are always complicated; you should expect the defendant to contest them. Therefore, you should always have a wrongful death attorney to level the playing field against the defendant’s legal team. Attempting to settle your claim without an attorney will almost always be disastrous. You may end up with much less compensation than you need to rebuild your life and even survive financially without your loved one.
There is no downside to retaining a wrongful death attorney. Your attorney gets paid only if they win your case, working on a contingency basis. This arrangement means you never pay out-of-pocket legal fees, making it a risk-free way to ensure you receive professional legal representation. By handling all aspects of your case and covering upfront costs, your lawyer allows you to focus on your recovery while pursuing the compensation you deserve.
Common Misconceptions About Wrongful Death Claims
Are you wondering if you should sue for wrongful death? The Internet has useful information, but it’s easy to be confused and even misinformed by what you read.
These are common online misconceptions about wrongful death lawsuits:
- You’re greedy if you file for wrongful death: This just isn’t true. Imagine if you lose your husband in the prime of life when he makes $150,000 per year. Suddenly, you have lost a major source of income that you use to pay your mortgage, car payment, children’s college funds, and so much more. If another person caused the death, you should receive fair compensation for that lost income, plus your other many losses.
- You can file a wrongful death claim anytime. No, you only have so much time, depending on the statute of limitations in your state. For many states, the time limit is two years, but your time limit may differ. Ask your wrongful death attorney for details.
- The insurance company will fairly compensate me: It may be if you have a wrongful death attorney aggressively negotiating with the insurance adjuster. Otherwise, you can end up with much less than you deserve. Insurance companies make money by paying out less than they take in premiums. Their goal is to get you to settle for the smallest amount. Your attorney won’t let them shortchange you.
- You don’t need a lawyer: Wrong. In these complicated cases, you always need a wrongful death attorney to obtain the most money for your losses. You need an attorney to prove another party caused the death, then to properly value the case, and then secure the best settlement.
Contact A Wrongful Death Attorney Today
Did you lose a loved one in a tragic accident recently? Was another person responsible for the accident? You may be entitled to compensation through a wrongful death lawsuit. If successful, you can receive money for emotional anguish, lost income, loss of inheritance, medical bills, and more. Contact a local wrongful death lawyer in your community for a free consultation. You only pay legal fees if you win your case, ensuring that you have access to professional legal support without upfront costs.