Who Can File A Wrongful Death Lawsuits
No legal remedy can truly compensate for losing a loved one. The emotional pain of that loss persists regardless of any court judgment or settlement. However, when someone’s death results from another party’s negligence or intentional wrongdoing, the law provides a path for families to seek accountability and financial recovery.
Wrongful death statutes exist in every state, though the specific rules vary considerably. These laws determine who can bring claims, what types of damages are recoverable, and what time limits apply. Our friends at Patterson Bray PLLC discuss how wrongful death cases require balancing compassionate client service with aggressive advocacy against responsible parties. A wrongful death lawyer guides families through the legal process while handling the technical aspects of proving liability and damages in fatal injury cases.
Elements Required To Prove Wrongful Death
Wrongful death claims require proving that negligent, reckless, or intentional conduct caused someone’s death. The same legal theories that would support a personal injury lawsuit if the victim survived form the basis for wrongful death actions.
The plaintiff must establish four key elements. First, the defendant owed a duty of care to the deceased person. Second, the defendant breached that duty through negligent or wrongful conduct. Third, the breach directly caused the person’s death. Fourth, the death resulted in measurable damages to surviving family members.
Common scenarios include fatal car accidents caused by drunk or distracted drivers, medical malpractice that results in patient death, defective products that cause fatal injuries, workplace accidents from safety violations, and intentional acts like assault or murder.
Standing To File Wrongful Death Claims
State laws define who has legal standing to pursue wrongful death actions. Most states prioritize immediate family members including surviving spouses, children, and parents of deceased minor children. Some jurisdictions extend standing to domestic partners, stepchildren, or other dependents who relied financially on the deceased.
Several states require the personal representative of the deceased person’s estate to file wrongful death claims on behalf of all eligible beneficiaries. This approach prevents multiple lawsuits over the same death and facilitates fair distribution of any recovery among family members.
The relationship between the claimant and deceased affects what damages can be claimed. Spouses typically recover for lost financial support, household services, and loss of companionship. Children can claim loss of parental guidance, care, and financial support. Parents of adult children usually have more limited recovery rights than parents of minor children.
Economic Damages In Wrongful Death Cases
Financial losses from wrongful death extend far beyond immediate expenses. Medical bills incurred during final illness or injury before death are recoverable. Funeral and burial costs represent another immediate economic impact on families.
Lost income constitutes a major component of economic damages. We calculate the present value of earnings the deceased would have provided to their family over their expected work life. Factors include:
- Age and health at time of death
- Occupation and earning history
- Education and career trajectory
- Benefits and retirement contributions
- Regional economic conditions
According to the Bureau of Labor Statistics, employee benefits often represent a significant portion of total compensation, so comprehensive damages calculations include health insurance, pension contributions, and other benefits the family lost.
Loss of household services represents another economic loss. The value of childcare, home maintenance, financial management, and other services the deceased provided must be quantified.
Non-Economic Damages For Family Loss
While harder to quantify than economic losses, non-economic damages address the human impact of losing a family member. Loss of companionship compensates spouses and children for losing the deceased person’s presence, affection, and emotional support.
Loss of consortium refers specifically to the marital relationship including companionship, intimacy, and partnership. Spouses recover these damages separately from other family members.
Loss of parental guidance and care compensates children for losing their parent’s advice, discipline, education, and nurturing. These losses affect children differently depending on their age when the parent died.
Pain and suffering the deceased experienced before death may be recoverable through survival actions in some states. These claims belong to the estate and compensate for the decedent’s own suffering rather than the family’s loss.
Punitive Damages In Egregious Cases
Punitive damages punish particularly reckless or intentional conduct and deter similar behavior by others. Not all wrongful death cases warrant punitive damages, but they may be available when conduct was especially egregious.
Drunk driving deaths, intentional violence, corporate misconduct showing conscious disregard for human life, and fraud or cover-ups that led to deaths can all support punitive damage claims. These damages typically far exceed compensatory damages and send strong messages about unacceptable conduct.
Wrongful Death Vs. Criminal Cases
Wrongful death lawsuits are civil proceedings separate from any criminal prosecution. The same incident can result in both criminal charges and civil liability, but the proceedings occur independently with different standards of proof.
Criminal cases require proof beyond reasonable doubt and can result in incarceration or fines paid to the government. Wrongful death cases use the preponderance of evidence standard, meaning we must show it’s more likely than not that the defendant’s conduct caused the death. Successful wrongful death claims result in monetary compensation paid to the family.
Criminal acquittals don’t prevent civil liability. The lower burden of proof in civil court means defendants can lose wrongful death cases even after criminal acquittals.
Settlement Vs. Trial Considerations
Most wrongful death cases settle before trial. Settlement negotiations let families avoid the emotional difficulty of trial while securing compensation more quickly. Defendants often prefer settlement to avoid trial costs and public exposure.
However, some cases warrant going to trial. When defendants refuse fair settlement offers or when establishing public accountability matters to the family, trial may be necessary. We evaluate each case to determine the best approach based on the evidence, damages, and family’s goals.
Taking The First Steps
Losing a loved one to preventable circumstances compounds grief with anger and a sense of injustice. While legal action cannot undo the loss, wrongful death claims serve important purposes including holding responsible parties accountable, preventing similar deaths, and providing financial resources to help families move forward. Time limits for filing these claims vary by state but typically range from one to three years, making prompt legal consultation important. If your family has lost someone due to another party’s negligence or wrongful conduct, speaking with an attorney who handles these sensitive matters can help you understand your rights and options during this difficult time. Contact our firm to discuss your situation in confidence.