Losing a loved one is never easy. Having them die due to another person’s negligence or wrongdoing? That’s simply unfathomable.
The last thing you should be worried about in a situation like this is the complicated legal world of wrongful death claims.
We’ve been there ourselves, so we understand how overwhelming it can be.
In this guide, we’ll break down the legal rights and options for families who’ve been through this. You’ll learn everything from how to bring a wrongful death claim to the actual lawsuit process.
Let’s get started.
What you’ll discover:
- What are my legal rights after a wrongful death?
- Who can file a wrongful death lawsuit?
- Types of compensation available
- How to build a successful case
- Working with the right legal team
What are my legal rights after a wrongful death?
First and foremost, it’s important to understand exactly what a wrongful death is in the eyes of the law.
When someone dies because of another person’s carelessness, recklessness, or intentional actions, this is what’s known as a wrongful death.
But here’s the thing most people don’t know about wrongful deaths…
You have specific legal rights that are designed to help you recover, both financially and emotionally, from this loss. A wrongful death lawsuit is a legal tool that can be used by surviving family members to seek financial compensation for their terrible loss.
The law actually outlines several different types of situations that can be considered a wrongful death, including:
- Medical malpractice and hospital negligence
- Motor vehicle accidents caused by reckless driving or other factors
- Workplace accidents caused by unsafe conditions
- Dangerous or defective products that cause fatal injuries
- Criminal acts that result in someone’s death
Here’s something that might shock you…
Medical errors alone cause over 250,000 deaths every year in the US. That’s the third leading cause of death in this country.
Yet only about 3,100 malpractice payments were even made for wrongful death claims in recent years. That means most families who lose a loved one to medical negligence don’t pursue the compensation they deserve.
Who can file a wrongful death lawsuit?
This is where things can get a little complicated.
Not everyone is eligible to file a wrongful death lawsuit. Your state’s laws will have specific requirements about who can bring a wrongful death claim.
In most states, the following people can file a wrongful death lawsuit:
- Surviving spouse
- Children of the deceased
- Parents, in some cases (usually if the victim was unmarried)
- Personal representative of the deceased’s estate
Here’s the tricky part…
Some states allow siblings, grandparents, aunts, and uncles to file a wrongful death lawsuit, and others do not. It’s very specific and varies from state to state.
You need to know your state’s specific wrongful death statute to figure out exactly who is eligible.
Types of compensation available
What exactly can you receive from a wrongful death lawsuit?
The law recognizes two different types of damages families suffer after losing a loved one. Wrongful death claims address both the economic and non-economic types of losses.
- Economic damages: This compensation is meant to account for the financial losses you suffered from your loved one’s death, such as their lost wages, final medical bills, and funeral costs.
- Non-economic damages: This money is awarded for the emotional losses you suffered, like loss of companionship, loss of parental guidance, or even pain and suffering prior to death.
Here’s something most people don’t know…
Wrongful death settlements typically range from as low as $500,000 to over $1 million.
The amount you can recover in your case will depend on several factors, including your loved one’s age, life expectancy, income, and the circumstances of the death.
Recent wrongful death settlements include a $72 million verdict in Texas for a workplace accident and a $15 million settlement for a family whose teen was killed in a boat accident.
How to build a successful wrongful death case
Building a successful wrongful death case means proving several elements.
You must be able to show that:
- The defendant owed your loved one a duty of care
- The defendant breached their duty
- This breach of duty was the direct cause of your loved one’s death
- As a result, you suffered damages
Here’s the catch…
The evidence you need to prove your case will be entirely dependent on the cause of death. Medical malpractice wrongful death cases will need medical experts to review records and testify about the standard of care.
Car accident cases need accident reconstruction experts and witnesses. The strongest cases have:
- Clear evidence of negligence
- Expert witness testimony
- Detailed damage calculations
- Heartfelt testimony from family members
Don’t wait too long to build your case. Every state has a statute of limitations on wrongful death lawsuits.
Working With The Right Legal Team
Here’s something you should know about wrongful death lawsuits:
Wrongful death is a form of personal injury claim. Insurance companies know this and fight these cases tooth and nail because the payouts can be huge.
That means you need to choose the right attorney who can stand up to these insurance companies.
You should look for a lawyer who has:
- Experience in wrongful death cases
- A track record of big settlements
- The resources to handle complex litigation
- Compassion for the families they represent
The best wrongful death lawyers work on a contingency fee basis. You don’t owe them anything unless they win your case.
Keep in mind most wrongful death cases settle before trial. But a strong attorney with trial experience can give you the upper hand in settlement negotiations.
Understanding the Legal Process
The wrongful death lawsuit process involves several steps, from investigation and filing to discovery, settlement negotiations, and, if necessary, trial.
Most wrongful death cases settle out of court. The entire process can take several months to several years, depending on the complexity of the case.
Wrapping It All Together
Losing a loved one in a wrongful death situation is one of the worst things that can happen to a family. It’s a traumatic experience that no one should have to go through.
But having the information you need about your legal rights and wrongful death options can make the difference.
The key takeaways:
- Know your legal rights and options after a wrongful death
- Don’t wait to act – time limits apply
- Compensation can be substantial
- The right attorney makes all the difference in a case outcome
Money can never replace your loved one. But a successful wrongful death lawsuit can bring some financial security to your family while also holding negligent parties accountable.
If you believe you may have a wrongful death case, don’t wait. Contact an experienced wrongful death attorney today and discuss your case and learn about your legal rights.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.