Steven A. Bagen | October 7, 2024 | Personal Injury
Losing a loved one is one of the most painful experiences anyone can endure. Whether the loss was sudden or followed a prolonged illness, the emotional toll can be overwhelming. But when someone else’s negligence or wrongdoing causes a loved one’s death, it can add a layer of complexity, confusion, and anger to the grieving process. In these instances, the death may be classified as a wrongful death, and surviving family members have the right to pursue legal action.
A wrongful death lawsuit can provide some sense of closure and justice, but it can also be daunting to manage. This is where a skilled wrongful death attorney can step in to help. An attorney can assist in many ways after the loss of a loved one, so it’s essential to contact one for help during such a difficult time.
Understanding Wrongful Death
Wrongful death is a legal term referring to a situation in which the negligence, recklessness, or intentional actions of another person or entity cause a person’s death. These cases can arise from a wide range of circumstances, such as:
- Medical malpractice: When a healthcare provider fails to meet the standard of care, leading to a patient’s death.
- Car accidents: Fatalities caused by negligent or reckless driving, including speeding, distracted driving, or driving under the influence.
- Workplace accidents: Fatal accidents occurring in unsafe work environments or due to improper safety protocols.
- Defective products: Deaths resulting from malfunctioning or dangerous products that should have been recalled or never reached the market.
- Premises liability: Deaths caused by unsafe conditions on someone else’s property, such as slip and fall accidents or drownings in unsafe pools.
- Criminal acts: Fatalities that occur due to intentional harm, such as homicide.
Each of these situations presents unique legal challenges. However, the good news is that a compassionate wrongful death lawyer can be a vital advocate for the surviving family members.
Who Can File a Wrongful Death Claim?
When a loved one dies due to the negligence or wrongdoing of another, certain family members or beneficiaries have the right to file a wrongful death claim. The purpose of a wrongful death claim is to seek compensation for the emotional and financial losses caused by the untimely death. However, the right to file such a claim is typically limited to specific individuals who were closely connected to the deceased. These individuals can include the following:
Immediate Family Members
In most cases, immediate family members, such as the surviving spouse, children, and parents, are eligible to file a wrongful death claim. These individuals typically experience the most significant financial and emotional impact from the loss, so they are given priority when filing the claim.
Spouses
A surviving spouse is often the first in line to file a wrongful death claim. They are entitled to seek compensation for the loss of companionship, emotional distress, and financial support that their spouse would have provided.
Children of the Deceased
Minor children who lose a parent can file for damages to compensate for the loss of parental guidance, financial support, and emotional care. In some instances, adult children may also have the right to file a wrongful death claim, particularly if they were financially dependent on the deceased or had a close relationship.
Parents of a Deceased Minor
Parents who lose a minor child can typically file a wrongful death claim. The death of a child can cause immense emotional suffering and financial losses.
Other Dependents or Financially Affected Parties
In some instances, extended family members, such as siblings, grandparents, or other close relatives, may have the right to file a wrongful death claim. These individuals may need to demonstrate that they depended financially on the deceased or had a close, significant relationship.
Personal Representatives of the Estate
In some jurisdictions, a wrongful death claim may need to be filed by the personal representative of the deceased person’s estate. This individual files the claim on behalf of the estate and distributes any damages awarded to eligible beneficiaries, which may include family members.
Who Cannot File a Wrongful Death Claim?
While immediate family members and dependents have a legal right to pursue compensation, others—such as distant relatives, friends, or acquaintances—typically cannot file a wrongful death claim. These individuals do not have legal standing unless they can demonstrate financial dependency or a unique relationship with the deceased.
Damages in a Wrongful Death Claim
The purpose of damages in a wrongful death claim is to provide financial compensation for the losses suffered by the surviving family members. These damages are typically divided into two categories: economic and non-economic damages.
Economic Damages
Economic damages cover the measurable financial losses related to the death of a loved one, including:
- Medical Expenses: Any medical bills incurred before the death due to the injury or illness.
- Funeral and Burial Costs: The expenses associated with memorial services, burial, or cremation.
- Loss of Income: The income or salary the deceased would have earned had they lived, including future earning potential.
- Loss of Benefits: Compensation for the loss of benefits, such as health insurance or retirement contributions, that the family would have received.
Non-Economic Damages
Non-economic damages compensate for the intangible emotional and psychological losses experienced by the family, including:
- Loss of Companionship: The emotional impact and loss of relationship caused by the death of a loved one.
- Pain and Suffering: Compensation for the emotional pain, grief, and distress experienced by the family due to the loss.
- Loss of Parental Guidance: The loss of nurturing, guidance, and emotional support children would have received from their parents.
Punitive Damages
Punitive damages may sometimes be awarded to punish the responsible party for particularly egregious behavior. These damages are intended to serve as a deterrent to prevent similar conduct in the future. However, punitive damages are less common and only awarded in cases where the defendant’s actions were reckless or malicious.
How a Wrongful Death Attorney Can Help
The legal process following a wrongful death can be incredibly complex. In addition to the emotional pain of losing a loved one, there are often financial strains, insurance issues, and the burden of seeking justice. A wrongful death lawyer’s primary role is to guide the surviving family through the legal process, ensure their rights are protected, and secure compensation to alleviate the financial impact of the loss. Here’s how an attorney can help:
Provide Compassionate Legal Guidance
In the aftermath of a tragic loss, family members are often in a state of shock, grief, and emotional turmoil. Making legal decisions during such a difficult time can feel impossible. A wrongful death attorney understands the emotional strain and provides compassionate guidance while managing the related legal matters on the family’s behalf.
Explain Your Legal Rights and Options
Many people are unaware of their rights regarding wrongful death claims. Laws regarding wrongful death vary from state to state, and only certain family members are permitted to file a claim. Typically, the spouse, children, or parents of the deceased are allowed to bring a wrongful death lawsuit. However, depending on the circumstances, some states may extend this right to other close family members, such as siblings or grandparents.
A wrongful death attorney will explain who is eligible to file a lawsuit, what kind of damages can be pursued in your specific claim, and the timeline for filing a claim. In most cases, there is a statute of limitations that limits the time in which a lawsuit can be brought, so it is imperative to consult with an attorney as soon as possible.
Gather and Preserve Evidence
Proving that another party’s negligence or wrongdoing caused the death of your loved one is critical to a successful wrongful death claim. This often requires extensive evidence, including medical records, accident reports, expert testimony, and witness statements. Gathering and preserving this evidence can be difficult for grieving family members.
A skilled wrongful death attorney will take on this burden, ensuring that all necessary evidence is collected and preserved to build a strong case. In some cases, attorneys work with accident reconstruction experts, medical professionals, or other specialists to provide detailed analysis and support the claim.
Evaluate the True Value of Your Claim
When it comes to wrongful death claims, the value of the claim is not just about medical bills or funeral costs. It also includes the economic and non-economic losses the family suffers as a result of the death. These may include:
- Medical expenses incurred before the death.
- Funeral and burial costs.
- Lost income: The income the deceased would have earned had they lived, including future earning potential.
- Loss of companionship: The emotional loss experienced by the spouse, children, or parents.
- Loss of services: This can include the value of household services the deceased provided, such as childcare, cleaning, and other contributions.
- Pain and suffering: Compensation for the emotional distress caused by the death.
A knowledgeable wrongful death lawyer will thoroughly evaluate all of these factors to determine the total value of the claim. Insurance companies may attempt to undervalue a claim, but your attorney will fight for the compensation your family truly deserves.
Negotiate with Insurance Companies
In many wrongful death cases, insurance companies will be involved, particularly in cases of car accidents, medical malpractice, or workplace accidents. Insurance companies are known for trying to settle claims quickly for the least amount of money possible. They may approach grieving family members with lowball settlement offers in hopes of closing the case quickly.
A wrongful death attorney will handle all communication with the insurance company, ensuring no one takes advantage of the family’s vulnerability. The attorney will negotiate on behalf of the family to secure a fair settlement. The attorney will be prepared to take the case to court if a satisfactory settlement cannot be reached.
File the Wrongful Death Lawsuit
If negotiations with the insurance company or responsible party do not lead to a fair settlement, filing a lawsuit may be the next step. A wrongful death attorney will prepare and file the necessary legal documents and ensure all procedural requirements are met. This includes filing the complaint, serving the defendants, and managing court deadlines.
Represent the Family in Court
The wrongful death attorney will represent the family in court if the case goes to trial. They will present the evidence, argue the case, and work to prove that the responsible party’s actions caused the death. The attorney’s goal is to secure a favorable verdict and obtain the compensation the family deserves.
Why You Should Contact a Wrongful Death Attorney
The loss of a loved one is heartbreaking enough without the added burden of legal matters. Hiring a wrongful death attorney offers several critical benefits, including:
- Professional legal representation to ensure that your rights are protected.
- Access to a network of experts, such as medical professionals and accident reconstruction specialists, to strengthen your case.
- Negotiation skills to secure a fair settlement from insurance companies or other parties involved.
- Peace of mind knowing that a professional is handling the legal process while you focus on healing.
Wrongful death cases are detailed and emotionally charged. By hiring a compassionate and experienced attorney, you can ensure that you and your family receive the justice and compensation you deserve.
Contact a Seasoned Wrongful Death Attorney Today
Losing a loved one is one of the most painful experiences a family can endure. When that loss is due to the negligence or wrongdoing of another party, the emotional and financial toll can be even more significant. A personal injury attorney can provide the legal support needed to navigate this difficult time, offering guidance, compassion, and an unrelenting commitment to securing justice.
If you’ve lost a loved one due to someone else’s negligence, now is the time to act. Contact a seasoned wrongful death attorney for a free case evaluation to discuss your legal options and ensure your family’s rights are protected. You don’t have to go through this challenging time alone. A wrongful death attorney is here to help every step of the way.