Losing a family member is devastating under any circumstances. When that loss results from someone else’s negligence or wrongful conduct, the grief becomes even more difficult to bear. Beyond the emotional toll, families often face financial hardship from lost income, medical bills, and funeral expenses.
Wrongful death laws allow certain family members to pursue compensation when negligence or intentional acts cause someone’s death. These civil claims differ from criminal cases and serve to hold responsible parties accountable while providing financial support to surviving family members. Our friends at Pioletti Pioletti & Nichols discuss how these cases require sensitivity to grieving families while building strong legal claims. A wrongful death lawyer represents family members in civil actions seeking damages for losses resulting from a loved one’s preventable death.
What Constitutes Wrongful Death
Wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional conduct. The same actions that would support a personal injury claim if the victim survived can form the basis for wrongful death claims when the injuries prove fatal.
Common causes include:
- Motor vehicle accidents caused by negligent drivers
- Medical malpractice or surgical errors
- Defective products that cause fatal injuries
- Workplace accidents from safety violations
- Premises liability incidents like falls or assaults
- Nursing home abuse or neglect
The key element is that the death resulted from wrongful conduct that would have entitled the deceased person to file a lawsuit had they survived.
Who Can File Wrongful Death Claims
State laws vary regarding who has standing to bring wrongful death actions. Most states allow immediate family members including spouses, children, and parents of unmarried children to file claims. Some states also permit domestic partners, financial dependents, or other relatives to pursue wrongful death cases.
Many jurisdictions require claims to be filed by the estate’s personal representative on behalf of all qualifying family members. This approach prevents multiple lawsuits over the same death and facilitates distribution of any recovery among family members according to state law.
The relationship between the deceased and the claimant affects what damages can be recovered. Spouses may claim loss of companionship and support, while minor children can recover for loss of parental guidance and care.
Damages Available In Wrongful Death Cases
Wrongful death damages compensate families for both economic and non-economic losses. Economic damages include medical expenses incurred before death, funeral and burial costs, lost income and benefits the deceased would have earned, and loss of services the deceased provided to the family.
Calculating lost income requires examining the deceased person’s age, health, earning capacity, and work-life expectancy. Economists often testify about projected lifetime earnings and the present value of those future losses.
Non-economic damages address intangible losses. Loss of companionship, guidance, and emotional support cannot be quantified precisely but represent real losses to surviving family members. Pain and suffering the deceased experienced before death may also be recoverable in some states.
Punitive damages are available in cases involving particularly egregious conduct. These damages punish wrongdoers and deter similar conduct by others. Drunk driving deaths, intentional acts, and gross negligence may warrant punitive damages.
The Burden Of Proof
Wrongful death claims use the civil standard of proof rather than the criminal standard. We must prove by a preponderance of the evidence that the defendant’s conduct caused your loved one’s death. This means showing it was more likely than not that negligence or wrongful conduct led to the death.
This lower burden makes wrongful death claims viable even when criminal charges aren’t filed or don’t result in conviction. The O.J. Simpson case famously demonstrated this principle when the civil wrongful death case succeeded despite acquittal in criminal court.
Evidence in wrongful death cases includes accident reports, medical records, autopsy findings, witness testimony, and documentation of the deceased person’s earnings and family relationships. Preserving this evidence quickly after the death is important for building strong claims.
Time Limits For Filing Claims
Statutes of limitations for wrongful death claims vary by state, typically ranging from one to three years from the date of death. Some states use the discovery rule, starting the clock when family members discover or reasonably should have discovered the wrongful conduct that caused the death.
Missing these deadlines usually means losing the right to pursue compensation permanently. Given the emotional difficulty of dealing with legal matters while grieving, many families delay taking action. However, evidence preservation and legal deadlines make earlier involvement beneficial.
Wrongful Death Vs. Survival Actions
Some states distinguish between wrongful death claims and survival actions. Wrongful death claims compensate family members for their losses. Survival actions allow the estate to pursue claims the deceased person could have brought if they survived, such as pain and suffering before death.
Understanding which types of claims are available in your state and who can bring them requires knowledge of specific state statutes. These procedural matters affect who receives compensation and what damages are available.
Working With Insurance Companies
Defendants in wrongful death cases typically have insurance coverage. Liability insurers defend their policyholders and negotiate settlements. These companies have substantial resources and experienced attorneys working to minimize payouts.
Insurance adjusters may contact family members soon after the death seeking statements or offering quick settlements. These early offers typically represent a fraction of the claim’s actual value and should not be accepted without legal guidance. Once you accept a settlement and sign a release, you cannot pursue additional compensation later.
Moving Forward After Loss
No amount of money can replace a loved one or ease the pain of losing them. However, wrongful death claims serve important purposes. They hold negligent parties accountable, provide financial resources to help families move forward, and sometimes prevent similar deaths by exposing dangerous practices or products.
Filing a wrongful death claim during a time of grief is difficult. The legal process adds stress to an already overwhelming situation. However, waiting too long can jeopardize your rights and leave your family without the financial resources needed to cope with this loss. We handle the legal aspects of your case with sensitivity to your situation while working to achieve justice for your loved one. Contact our firm to discuss your wrongful death claim and learn how we can help your family during this difficult time.