Attorneys and Wrongful Death Lawsuits

When a loved one dies because of another person’s carelessness or negligence survivors feel anger, grief, and confusion. They want the responsible party held accountable for their family member’s death. During this difficult time, many people consider legal action.

Wrongful death claims allow survivors to seek compensation for financial losses and the emotional impact of their loved one’s death. The victim’s family may sue the individual or entity legally at fault for the victim’s death. Wrongful death claims do not hold the defendant criminally liable, but they can give family members some monetary compensation for the death of a loved one.

This article explains wrongful death lawsuits. It outlines who can sue for wrongful death, potential damages, and more. You’ll also learn how a wrongful death attorney guides families through this complex and overwhelming process.

What Is Wrongful Death?

Wrongful death is any death caused by “the negligent, willful, or wrongful act, neglect, omission, or default of another.” A wrongful death claim resembles a personal injury claim, except that it is not brought by the victim but by the victim’s family or estate.

Each state has its own wrongful death statutes. Wrongful death laws define who may sue for wrongful death and the limits on damages. The statute of limitations—the time survivors must bring the case—varies from one to three years in most states.

Who Can Sue for Wrongful Death?

Most state laws limit recovery in wrongful death cases to immediate family members, surviving spouses, children, and parents. The requirements differ from those considered heirs under the will or the state intestacy laws.

For instance, a non-family member who is a named beneficiary of a will cannot file a wrongful death suit. However, the personal representative can file suit on behalf of the decedent’s estate. Any damages recovered are then distributed according to the will or state laws for intestacy.

Types of Wrongful Death Cases

Wrongful death suits often appear after or in addition to other personal injury cases. Proving negligence is the first step in all cases. The plaintiff must show that the defendant did all of the following:

• Had a duty to the victim
• Breached the duty
• Caused an injury resulting in death

The difference is that the remaining victims are due compensation for their loss. Some types of accidents may require the victim die within a year of the date of the accident in order to file a wrongful death claim.

There are several legal practice areas that overlap with wrongful death. Types of cases that lead to wrongful death suits include:

• Criminal trials, with or without a guilty verdict: Civil trials have a lower burden of proof than criminal trials, so it is possible to get a verdict of “responsible for causing the death” even if the defendant was not guilty in the criminal trial.
• Motor vehicle accidents: Car accidents, especially DUIs and traffic accidents, leave survivors frustrated because fatal accidents rarely rise to the level of crimes. Civil wrongful death claims can provide some financial compensation as an alternative.
• Workplace accidents: Employers have a duty of care to their employees to provide a safe workplace free of hazards. A breach of this duty can lead to wrongful death suits.
• Product liability: Defective products that result in injury or death are often the subject of mass torts or class action suits. Family members may be able to join these suits as part of a wrongful death action.
• Medical malpractice: When medical care leads to death, surviving family members have unanswered questions and extensive medical bills. A wrongful death settlement can resolve both the questions and the medical expenses left by the death of a loved one.

Wrongful Death Damages

Wrongful death claims are civil actions, not criminal cases. There is no finding of guilt as in a criminal case. Although one or more parties may be liable for causing the victim’s death, that is not the same as finding them guilty. The plaintiffs in a case receive financial damages for their claim.

At one time, wrongful death claims ensured that widows and orphans of a deceased person would have financial support if the decedent had no estate. Today, they provide some financial compensation to survivors and a measure of justice to the negligent party.

Most states limit damages in a wrongful death claim to:

• Economic damages such as the loss of the decedent’s income or future income, medical expenses that the survivors paid, funeral expenses, and other monetary costs
• Non-economic damages including loss of consortium (loss of companionship of a spouse), parental loss, and emotional suffering

Most states do not award punitive damages in a wrongful death suit. Punitive damages are awarded in a personal injury case where the defendant’s conduct was grossly negligent but did not rise to criminal conduct. A wrongful death attorney can tell you what the laws are in your state.

What Does a Wrongful Death Lawyer Do?

Very few wrongful death lawsuits go before a jury. Personal injury lawyers and insurance companies prefer negotiating settlements in all parties’ interests rather than taking a chance with a jury. Given the complexity of the legal system, you it’s best to have a skilled lawyer on your side.

If you’ve had a wrongful death in your family, an experienced wrongful death attorney can offer valuable legal advice about how to build a strong foundation for your case. They can ensure you meet all deadlines in the legal process, gather evidence, and negotiate on your behalf.

How To Find a Wrongful Death Attorney Near You

Because your state’s statute of limitations and other laws are relevant, your attorney should be licensed in your state. FindLaw’s directory of wrongful death lawyers can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Many law offices offer free case evaluations.