Seeking justice is a challenging process when tragedy occurs and a loved one is lost too soon as a result of someone else’s carelessness. Dealing with the emotional and legal complexity of a wrongful death case requires an attorney well-versed in this specialty area of law.
Personal injury attorneys well-versed in wrongful death litigation can help guide grieving families through the court process of determining liability. They ensure that families receive due compensation for their immense loss.
Overview of Wrongful Deaths
The term “wrongful death” refers to a situation where someone’s life is ended due to careless, intentional, or improper conduct (or lack of action) by another party. It is essentially a type of personal injury claim pursued by the surviving family members or the deceased individual’s estate rather than the victim themselves.
Wrongful death claims are governed by legislation specific to each state. These laws specify who is eligible to file such a claim and any restrictions on the damages that can be sought.
The statute of limitations defines the time period within which a wrongful death lawsuit must be initiated. Generally, depending on the state, this period of time follows the death by one to three years.
Only members of immediate family, such as parents, spouses, and children, are allowed to file wrongful death claims in most states. This differs from the rules that determine who inherits from the deceased’s estate under a will or intestacy laws.
For example, a non-family member named as a beneficiary in a will cannot file a wrongful death claim. However, the personal representative of the estate can file on behalf of the estate, with any damages being distributed according to the will or state laws.
Wrongful death claims often arise from various types of accidents or incidents, such as:
1. Criminal acts, even if the perpetrator was acquitted in criminal court (due to the lower burden of proof in civil cases).
2. Motor vehicle accidents, including those involving drunk drivers or traffic violations.
3. Accidents at work that occurred because an employer did not provide a secure workplace.
4. Defective products that caused injury leading to death, which may result in mass tort or class-action lawsuits.
5. Medical malpractice, where substandard medical care resulted in the patient’s death.
The burden of proof in every situation is on the plaintiff, the remaining family member, or the estate to demonstrate that the defendant, the allegedly careless party, owes the deceased a duty of care. Additionally, they must show that the defendant’s violation of that obligation directly resulted in the death.
What Assistance Can a Personal Injury Attorney Provide in Wrongful Death Cases?
When dealing with wrongful death, a personal injury lawyer aids the grieving family in seeking justice and compensation. The process involves a thorough investigation of the incident and evaluation of damages.
TorHoerman Law states that the lawyer starts by gathering all relevant evidence, including witness statements, police reports, medical records, scene photos, and other documentation, with eyewitness accounts being particularly crucial for determining responsibility.
Next, the attorney will carefully evaluate the financial and non-financial impacts of the loved one’s death. Economic damages cover things like lost income, burial costs, and other expenses directly resulting from the incident.
Non-economic damages address the pain and suffering experienced by the deceased and their surviving relatives. Determining appropriate compensation is a complex process that considers many factors.
Moreover, armed with a robust evidence collection and damages assessment, the lawyer can then attempt to prove legal liability. They will review all the facts to build a case demonstrating that another party acted negligently and directly caused the wrongful death. If the responsible party was grossly careless or intentional in their actions, it helps strengthen the claim.
Throughout the process, an experienced wrongful death attorney leverages their expertise to advocate strongly for fair financial recompense, either through a negotiated settlement or trial if needed. They understand what these difficult cases are worth and will fight to ensure the grieving family receives full and just recourse under the law.
Let us look at a real case to understand why representation from a personal injury lawyer can be so important. According to a news report, the family of a man who passed away in a St. Louis jail recently has filed a lawsuit against the facility’s medical provider and the city.
The wrongful death suit alleges negligence and malpractice led to the death of the 33-year-old detainee. His sister is seeking damages through a jury trial. The suit names the city, the healthcare company managing medical services, healthcare staff, and correctional officers as defendants. As you can see, this battle would have been impossible without legal help from a local St. Louis personal injury attorney.
Types of Compensation Allowable in a Wrongful Death Case
The damages that can be recovered in a wrongful death lawsuit vary between jurisdictions. Some statutes specify the particular losses survivors can be compensated for, while others address damages more broadly. However, most recognize both economic and non-economic damages.
Economic damages refer to more concrete monetary losses, such as lost financial support, inheritance, household services, funeral/burial costs, and other out-of-pocket expenses resulting from the death.
Noneconomic damages include losses that are harder to put a monetary value on, like closeness, companionship, counsel, and emotional support (sometimes referred to as consortium). Factors like the decedent and survivors’ ages and the closeness of their relationships are considered when assessing these damages.
Some states place caps on noneconomic damage awards, especially in medical malpractice wrongful death suits. Punitive damages aimed at punishment may also be allowed if the death was found to be directly caused by intentional or reckless actions. These are also sometimes capped.
Researching the specific state’s wrongful death statute for details on recoverable damages and potential limitations is important. Given the particular circumstances of their case, an attorney can advise survivors on maximizing a potential settlement or jury award. The ultimate compensation is meant to account for all resulting losses from the untimely death.
FAQs
1. How are settlements for wrongful deaths determined?
A: The value of wrongful death settlements is determined by various factors, such as the expenses incurred from the incident, lost wages and potential future earnings, and pain and suffering. Each case is unique, so these factors are assessed individually for every situation.
2. What distinguishes negligence from wrongful death?
A: A violation of a party’s duty of care, such as speeding, drunk driving, or disobeying traffic signals, is referred to as negligence. When negligence results in a fatality, a wrongful death lawsuit can be pursued by the surviving family members as a legal remedy.
3. What is causation in wrongful death?
A: In cases of wrongful death, causation necessitates a direct link between the death and the guilty party’s duty violation. It must be demonstrated that their deeds or negligence caused the deadly incident directly or substantially aided in its development.
To summarize, seeking justice after the wrongful death of a loved one is an emotional journey that requires navigating complex legal issues. Families deserve strong advocates to help them make sense of the process and obtain fair compensation for their irreplaceable loss.
Personal injury attorneys specializing in wrongful death litigation provide the dedicated representation and expertise needed to build a solid case and prove liability. They also ensure that survivors receive the full measure of relief available under the law. In the most difficult of times, they fight to honor the lives lost and deliver some small sense of closure.
