The loss of a family member in a deadly accident caused by a negligent person or business is one of the worst things that can happen to a family. The aftermath of a wrongful death accident can leave you and your loved ones with both significant emotional and financial hurdles to overcome.
But how do plaintiffs prove a wrongful death lawsuit? Pursuing a wrongful death claim can be difficult and overwhelming. A wrongful death lawyer will assist in proving your case. Contact an attorney immediately if you have lost a loved one in a wrongful death accident.
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What Is a Wrongful Death Accident?
A wrongful death case is a civil claim that specific surviving family members may bring after a deadly accident. Negligent businesses or individuals cause wrongful deaths. The defendant’s negligence gives the family the right to sue for compensation.
Common types of wrongful death cases include the following:
- Workplace accidents
- Car accidents
- Truck accidents
- Medical malpractice
- Slip and falls
- Elder abuse and neglect
Elements Of a Wrongful Death Case
Wrongful death law varies based on the state, but the plaintiff must prove the defendant was negligent. You must establish the following elements to build a strong wrongful death case.
Duty of Care
A wrongful death plaintiff must show that the defendant has a duty of care to the deceased. For example, medical professionals must provide competent patient care, and drivers owe a duty to other travelers to drive safely. An attorney can explain whether the defendant had a legal duty to your family member.
Breach of Duty
A wrongful death plaintiff must prove that the defendant breached their duty of care to the deceased. A wrongful death defendant might breach their duty of care by acting recklessly or failing to follow safety protocols. An attorney will review the facts of your case to determine if the defendant breached their duty of care.
Causation
The defendant’s actions must have caused the deceased’s death. An attorney can assist in proving that the defendant's breach of duty directly caused the death. Plaintiffs must establish a link between the defendant’s actions and the deadly outcome.
Damages
The plaintiff must prove that the family suffered losses because of the deceased’s death. Damages can include financial and emotional losses. Usually, wrongful death plaintiffs receive compensation for their financial losses and the damages the deceased might have received if they had survived the accident. For example, if the victim may have recovered medical expenses or lost income, the surviving family members can usually recover compensation for those costs.
Plaintiffs who were financially dependent on the victim can recover for their losses.
Relationship To The Deceased
Most states require that the plaintiff prove their relationship to the deceased. State law lists the family members that have the right to file a wrongful death lawsuit. The following family members typically have the right to sue for damages after a death.
Who Can Sue For Wrongful Death?
Who can sue for wrongful death varies by state. An attorney will explain your rights to wrongful death compensation. Contact an attorney to assist your family in a wrongful death suit if you lost a loved one because of another’s negligence.
Typically, the following surviving family members have the right to sue after a wrongful death in most states:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s parents
- Representative of the estate
- Other dependents
Immediate Family Members
Most states allow immediate family members, including the deceased’s spouse and children, to recover for losses related to a wrongful death. The availability for others to file a wrongful death suit if there are no immediate family members depends on state law.
Domestic Partners
In states that recognize a relationship between domestic partners, an unmarried person who was the long-term romantic partner of the deceased may sue for wrongful death. Wrongful death law and recovery can get complicated in this circumstance; having an attorney explain your rights can be especially valuable.
Parents of a Minor Child
In cases where the victim in a wrongful death accident is a minor child, their parents may sue for damages. In these circumstances, parents include the biological or adopted parents and the child’s legal guardians.
Representatives of The Estate
If there are no immediate family members or other potential plaintiffs, the representative of the estate may file a wrongful death claim. Having a representative handle the wrongful death claim ties into estate law. Speak to your attorney about the implications of a wrongful death claim on finalizing the deceased’s estate.
Other Dependents
These plaintiffs may pursue a wrongful death claim if no other plaintiffs or surviving family members are available. To qualify as a “dependent,” the plaintiff must have been financially dependent on the deceased when the deceased was alive.
How Can a Wrongful Death Attorney Help My Family?
Attorneys have valuable resources and knowledge that can support you and your family in winning a wrongful death case. Having an attorney allows you to make informed decisions for your loved ones, helping you navigate the recovery process after a loss. The following are some of the most practical ways that a wrongful death attorney can help after the death of a loved one.
Legal experience
You need someone with a holistic understanding of the wrongful death laws in your state. Contact a legal professional to review the details of your case with you so any procedural rules, deadlines, or arguments from the defense do not blindside you.
Access to Professionals
Having access to professionals can make all the difference in the outcome of a wrongful death case. In some instances, you might need an expert witness to render an opinion in your favor about the cause of your loved one’s death. Attorneys usually have better access to professionals than unrepresented plaintiffs.
Settlement Negotiations
After losing a family member, the last thing that you will want to do is speak to an insurance company about compensation. A wrongful death attorney will handle any communications with the insurance company for you. An attorney can also provide critical support in overcoming bad faith tactics that some insurance companies use to avoid paying families the full compensation they rightfully deserve after an accident, ensuring they receive fair treatment.
Representation in Court
While negotiations often settle many civil lawsuits, your case might go to trial if the insurance company does not offer a satisfactory settlement. Walking into a courtroom and demanding the financial recovery you deserve can feel scary. Having an attorney means having an advocate to plead your case.
Help With Mediation or Alternative Dispute Resolution
Mediation or alternative dispute resolution (ADR) can resolve some civil cases. Although they are less formal than in a courtroom, the decisions are binding. An attorney's help during these resolutions is as important as during negotiations or trials.
Emotional Support
A loss because of the negligence of another is heart-wrenching. Filing a lawsuit to recover damages can bring a particular emotional burden. Having the right attorney on your team allows you and your family to focus on each other while your lawyer handles the legal aspects of your recovery.
Damages In Wrongful Death Cases
There are different types of damages in wrongful death cases. An attorney can assist in proving each of these losses to ensure that you receive full compensation for the impacts your family experienced following your loved one's death. Consult an attorney to fully understand what you are entitled to receive under state law.
Funeral and Burial Expenses
Families can recover the costs of burying their loved ones and for their funeral services. An attorney will ensure that you fully recover from these expenses.
Emotional Suffering
Emotional suffering is considered an intangible loss, yet victims are allowed to recover from their emotional suffering. Wrongful death plaintiffs are often entitled to recover for the mental anguish of grieving the death of a loved one. A wrongful death lawyer will ensure the extent of your emotional suffering is clearly articulated and proven.
Lost Income
Wrongful death plaintiffs can recover from losing the deceased’s income. Close family members likely partially or fully relied on the deceased's income to survive. An attorney will review your case to estimate the amount of lost income you might be entitled to recover after a wrongful death.
Final Medical Expenses
The family of the deceased might be entitled to recover for their loved one’s final medical expenses. Generally, if the victim might have recovered from a financial loss had they survived the accident, the family may have recovered the same losses. Working with an attorney can help as you attempt to prove that your loved one suffered a financial loss and that your family is now entitled to receive compensation for it, including medical expenses.
Special Considerations For a Wrongful Death Case
Wrongful death laws are complicated and vary by state. Because of their complexity, you need an experienced attorney to clarify your legal rights and options after losing a loved one in a wrongful death accident. The following are two major considerations that families should consider when pursuing a wrongful death claim.
State Laws
Make sure that you hire an attorney with experience handling wrongful death cases in your state. Because these types of cases can get complicated, you should remember to have a professional review of the facts of your case so you do not miss out on the compensation that you deserve after an accident.
Statute of Limitations
The statute of limitations is an important consideration in wrongful death cases. The statute of limitations is a deadline set by state law for how long a plaintiff has to file a complaint.
Time is of the essence in wrongful death claims, especially because some states start the clock to file a lawsuit at the time of the victim’s death, and other states determine the deadline based on the date of the injury.
Consult an attorney immediately to ensure you don’t miss the statute of limitations or other important deadlines that can impact your case.
Common Pitfalls Wrongful Death Plaintiffs Make
Due to their complexity, there are some common pitfalls that wrongful death plaintiffs make. Speak to an attorney as soon as possible to avoid the following common mistakes that wrongful death plaintiffs make.
Not Gathering Enough Evidence
You need strong evidence to prove your claim and secure damages. Insufficient proof can result in losing your case. An attorney will meticulously review your claim, develop a strategic plan, and gather all relevant evidence to build a compelling case on your behalf. Their experience ensures they overlook no critical detail, enhancing your chances of achieving a favorable outcome.
Failing to Identify All Potential Defendants
Wrongful death cases can have many potential defendants. Every person or business that contributed to the accident should face justice. An attorney can ensure that each responsible party is accountable for their role in the case.
Improper Valuation of Your Claim
Some victims may downplay their losses after a wrongful death accident. This is a major mistake. Talk to a wrongful death lawyer to properly evaluate the financial value of your claim to ensure you get everything that you deserve after losing a loved one. Downplaying your damages can negatively affect your family’s future.
Failing to Comply With Procedural Rules
Failing to follow a procedural rule can lead to your case getting dismissed. Civil cases require you to follow a range of procedural rules. An attorney can ensure that you comply with all procedural rules.
Contact a Wrongful Death Attorney Today!
There is no reason for you to pursue a wrongful death claim alone. Hiring an experienced wrongful death attorney ensures you and your family receive the comprehensive support and guidance you need during this challenging time. With their experience, you can confidently navigate the legal complexities and focus on healing. Contact a personal injury attorney today if you have lost a loved one in a wrongful death accident, and allow them to pursue the justice and compensation you deserve.