Nobody wants to be part of a wrongful death lawsuit. But sometimes, it’s a necessary process in order to deliver justice. Wrongful deaths can be caused by negligence as well as intentional harm.
It might be a little difficult to understand how wrongful death lawsuits work at first. But they’re a vital part of our legal system and it’s useful to know when they do and do not apply.
If you’re interested in learning about the ins and outs of wrongful death, then continue reading and we’ll walk you through everything you need to know.
What Is a Wrongful Death?
A wrongful death is any death that’s caused by negligence or wrongful actions. This can include a slip and fall or a car accident. Wrongful deaths can also come out of intentional actions like battery and assault.
Wrongful death lawsuits are similar to personal injury claims. Both lawsuits rely on some amount of harm that was caused by the wrongful act or negligence of another person.
The main difference between a personal injury claim and a wrongful death is that in a wrongful death lawsuit, the person who was harmed can’t bring the claim to court. Instead, someone else will need to bring the claim to court on behalf of the deceased person.
Who Can Bring a Wrongful Death Claim?
Only specific kinds of individuals can take a wrongful death claim to court. Their ability to do so depends on their relationship to the deceased. The people who are able to bring a wrongful death suit include:
- The surviving spouse of the deceased
- The mother, father, or children of the deceased
- A representative of the deceased’s estate
- The “reciprocal beneficiary” of the deceased
- Anyone who financially depended upon the deceased until that person’s death
The parents of a deceased minor are able to bring about a claim. However, if the parents are also deceased, then a guardian will have to be appointed before the wrongful death suit can continue.
Wrongful death claims are civil lawsuits. This means that it’s brought to the court either directly by the beneficiaries or their personal representative. Liabilities in these cases are only expressed in monetary damages.
It’s important to note that wrongful death claims are civil cases and not criminal ones. It is the state’s job to bring the criminal case to court and decide if the defendant will face any punishments such as probation or jail time.
Even if a criminal case as already been filed the state, the beneficiaries can still file a wrongful death claim as well.
What Needs to Be Proven?
In order to hold the defendant liable in a wrongful death lawsuit, the plaintiffs in the claim – usually via the deceased person’s estate – will have to meet the same burden of proof that the deceased would have needed to meet if they were still alive.
Let’s look at negligence as an example. The plaintiffs would have to show that the defendant owed a duty of care to the victim, they breached that duty, and that the breach was a proximate and direct cause of the victim’s death. And then they also need to prove that death led to the damages that the plaintiff is now trying to recover.
Damages in a Wrongful Death Lawsuit
In a wrongful death lawsuit, a survivor might be able to receive compensation for multiple categories of losses. Those categories include:
- The costs of medical treatment that the deceased victim had incurred due to the injury prior to their death
- Loss of the expected income of the deceased person
- Value of the services that would’ve been provided by the deceased person
- Loss of companionship and love
- The pre-death suffering and pain (some time’s called a “survival” claim) of the deceased person
- The costs for the burial and funeral
- Loss of any inheritance due to the wrongful death
- Loss of nurturing, guidance, and care that would have been provided by the deceased person
- Loss of consortium
Other than the burial and funeral expenses, any damages that are recovered in a wrongful death lawsuit will be paid to the beneficiaries directly. Those damages don’t become part of the estate of the deceased person and can’t be taxed as if they are part of that estate.
Time Limits for Filing a Wrongful Death Suit
There is a time limit, or “statute of limitations,” that comes with bringing a wrongful death claim to court. The beneficiaries or a personal representative has two years from the date of the death to file a wrongful death suit. If the case isn’t filed within that time frame, the court will very likely dismiss the case.
Due to some factors that can affect how the statute of limitations applies, if you’re coming up to the end of the two-year time limit, you should speak to a qualified attorney who practices wrongful death law.
The Importance of Knowing About Wrongful Death Lawsuits
Going through a wrongful death lawsuit can sometimes be a difficult process for all parties involved. But its an important and necessary part of restoring justice and recovering rightly due damages. Due to the short time window and sensitive nature of the claim, it’s important that you consult with an experienced and reliable attorney who can get you the compensation that you deserve.
Are you looking to file a wrongful death claim on behalf of a loved one? If so, contact us today and see what we can do for you!
