Guest Blogs

Understanding Wrongful Death Lawsuits: A Comprehensive Overview

September 28, 2023

Losing a loved one is an emotionally challenging experience, and when that loss occurs due to someone else’s negligence or intentional actions, it can be even more devastating. Wrongful death lawsuits are legal actions that allow surviving family members or beneficiaries to seek compensation and justice when a loved one’s death was caused by the wrongful conduct of another party. Here is a comprehensive overview of wrongful death lawsuits:

1. Defining Wrongful Death:

Wrongful death is a legal concept that holds individuals, businesses, or entities accountable when their negligent or deliberate actions result in someone’s death. It recognizes that the deceased person would have had a viable personal injury claim if they had survived. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, workplace accidents, product defects, or criminal acts.

2. Who Can File a Wrongful Death Lawsuit:

The individuals or entities allowed to file a wrongful death lawsuit vary by jurisdiction. Generally, the following parties are eligible to bring a wrongful death claim:

  • Immediate Family Members: Spouses, children, and, in some cases, parents can typically file wrongful death claims.
  • Life Partners and Dependents: In some jurisdictions, individuals who were financially dependent on the deceased, such as domestic partners, may have standing to file a wrongful death claim.
  • Estate Executors: In cases where immediate family members cannot or do not wish to file a claim, the executor of the deceased person’s estate may bring a lawsuit on behalf of the estate and the deceased’s beneficiaries.

3. Establishing Liability:

To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant’s negligence, recklessness, or intentional actions directly caused the death. Establishing liability often involves gathering evidence, consulting experts, interviewing witnesses, and presenting a compelling case to the court. It is crucial to demonstrate that the defendant had a duty of care toward the deceased person, breached that duty, and caused the fatal injuries or circumstances.

4. Damages in Wrongful Death Lawsuits:

Wrongful death claims seek to compensate survivors for the financial and emotional losses resulting from the death of their loved one. The types of damages that may be awarded in a wrongful death lawsuit can include:

  • Economic Damages: These cover quantifiable financial losses, such as medical expenses, funeral and burial costs, lost income, and loss of benefits or inheritance.
  • Non-Economic Damages: These compensate for intangible losses like pain and suffering, loss of companionship, emotional distress, and loss of guidance or support.
  • Punitive Damages: In cases involving egregious conduct, punitive damages may be awarded to punish the defendant and deter similar actions in the future.

The specific types and amounts of damages can vary based on the circumstances of the case, jurisdiction, and the court’s determination.

5. Statutes of Limitations:

Wrongful death lawsuits are subject to statutes of limitations, which are legal deadlines for filing a claim. These deadlines vary by jurisdiction but typically range from one to three years from the date of the death or the date the cause of death was discovered. Failing to file within the specified timeframe may result in the dismissal of the case.

6. Importance of Legal Representation:

Wrongful death cases are complex and emotionally charged. Seeking legal representation from an experienced wrongful death lawyer is crucial for several reasons:

  • Attorneys have the expertise to investigate the case thoroughly, gather evidence, and build a strong legal argument.
  • They can navigate the legal complexities and ensure compliance with applicable laws and regulations.
  • Attorneys can negotiate with insurance companies and opposing parties to achieve a fair settlement.
  • If a settlement cannot be reached, they can advocate for the plaintiff in court during a trial.

Thank you to our friends at The Andres Lopez Law Firm for their insight into wrongful death cases.