Accident-related deaths happen more commonly than we think. Identifying whether the decedent’s death is caused by a negligent accident takes more than just poking at the case.
More often than not, a victim’s spouse or family member does not have the financial capacity to hold a funeral or bury their deceased loved one. Wrongful death lawsuits can help alleviate this situation.
But what exactly qualifies as a wrongful death? When is a wrongful death claim applicable? We will help you answer these questions in this blog post.
Wrongful death lawsuits are filed by the victim’s representative or family member if they died from an accident. Wrongful death claims are demands to recompense for the damages a victim and their family members sustained following the victim’s death.
Some of the most common personal injury cases that lead to wrongful death are as follows:
- Medical malpractice;
- Motor vehicle accidents;
- Work injuries or occupational accidents; and
- Defective products.
These are a few common cases involved in most wrongful death suits. A wrongful death attorney can help you hold the responsible party accountable for the death of a loved one.
How Can You Prove A Wrongful Death Claim?
In essence, a wrongful death claim arises from a personal injury claim. To prove a wrongful death action, the victim’s surviving family members need to show that the element of wrongful death is present in their case.
- Duty. The victim’s family member or representative needs to show that the opposing party is responsible for overseeing care towards the victim.
- Negligence. The victim’s party also must show that the defendant failed to act within their duty.
- Resulting action. Once the victim’s party establishes that negligence exists, they need to show that the defendant’s negligent actions lead to the victim’s death.
- Damages. Finally, the victim’s representative must show that the victim’s death resulted in damages. Damages could be financial losses, bodily injuries, property damages, etc.
Negligence is a crucial element in every personal injury case. Therefore, it is vital to prove its existence when proving your lawsuit. If the intention to kill exists, the case could lead to a homicide, a criminal offense.
Who Can File A Wrongful Death Lawsuit?
Suppose that the deceased person is a loved one. In that case, you can file a wrongful death lawsuit. Although some states only allow the victim’s representative to file a wrongful death lawsuit. It’s essential to verify this with your lawyer.
In most cases, filing a wrongful death suit follows a hierarchy. If the deceased victim has a surviving spouse, the spouse can file the lawsuit. If not, their children of legal age can fill in the position.
If the deceased victim is not married and doesn’t have a child, their parents can initiate the case. However, if the parents are no longer alive, the victim’s siblings can file the lawsuit.
How Can I Know If I Have A Valid Wrongful Death Case?
Validating a wrongful death lawsuit requires the victim’s representative to demonstrate the elements of a wrongful death case. Most wrongful death accidents stem from negligence.
Medical Malpractice
A wrongful death accident could result from medical malpractice. Medical malpractice is a broad term covering unethical practices or life-threatening mistakes during a medical procedure or consultation.
One widely known medical malpractice case is misdiagnosis. An estimated 40,000 to 80,000 misdiagnosed patients die every year in the United States.
The BMJ Journals published research in 2014 estimating the occurrence of diagnostic errors in the United States. According to this research, almost 12 million American adults experienced misdiagnosis.
Automobile Accidents
Motor vehicle accidents are also known to contribute to the growing number of wrongful deaths. Automobile or motor vehicle accidents refer to crashes when a vehicle collides with a pedestrian, property, or another car.
According to National Highway Traffic Safety Administration’s (NHTSA) 2019 Traffic Safety Facts Annual Report, 19,830 light trucks are involved in fatal crashes.
NHTSA also reported 6.7 million police-reported motor vehicle crashes in 2019. Out of this number, 33,244 of the reported crashes resulted in fatalities. The table also indicates that motor vehicle drivers have the most significant crash fatalities (17,880 deaths).
A separate statistical report from NHTSA shows that front-collision is the most common crash type (2.8 million accounts). Front collisions also have the highest fatalities among other crash types (6,900).
Intentional Killing
Homicide or killing with intent is often confused with a wrongful death lawsuit. Wrongful death is a civil lawsuit, while homicide is a criminal offense. The element that sets both of these lawsuits apart is the presence of intent.
Contrary to popular belief, surviving family members of the victim can file a wrongful death lawsuit even if the nature of the case is murder. The victim’s party doesn’t need to file criminal charges to win a civil case.
However, it’s vital to remember that wrongful death statutes differ for each state. Seeking the professional counsel of local wrongful death attorneys is highly advisable.
Damages Available To The Surviving Family
Wrongful death settlement amounts are calculated based on the total damages sustained by the victim. This includes both economic and non-economic damages.
- Economic damages. Economic damage refers to the victim’s financial loss. Medical expenses, funeral expenses, burial expenses, and legal fees are the most commonly recovered economic damages.
- Non-economic damages. In contrast, non-economic damage is damage sustained by the victim that doesn’t result in financial losses. Loss of consortium, loss of companionship, pain, and suffering are the most common non-economic damages.
Loss of inheritance is also considered when computing wrongful death settlements. It’s vital to verify what damages you can recover in your case with your attorney.
Is There A Timelimit In Filing A Wrongful Death Suit?
Each state follows a different version of the statute of limitations in a wrongful death lawsuit. However, most states adopt the two-year statute of limitations in wrongful death cases.
However, the legalities behind wrongful death lawsuits vary for each state. Some states allow an extended limitation for wrongful death cases resulting from medical malpractice.
Some states also allow extension of limitation if the decedent’s sole beneficiary is a minor. The court will delay the case until the minor turns 18 or a legal guardian is appointed to obtain the claim for the beneficiary.
It’s essential to consult with wrongful death lawyers for your case as each case is unique. Your lawyer can help you ensure that you take the best legal action for your situation.
Is It Hard To Prove Wrongful Death?
Proving wrongful death cases can be relatively challenging. It’s even more complicated if the claim involves a third party.
The victim’s party or representative needs to prove that all the elements of a wrongful death lawsuit are present in the case. Some of these elements, such as the presence of duty, are easy to prove.
However, the challenge is proving that the opposing party or the defendant failed to observe due care. The victim’s party needs to manifest solid proof to prove negligence.
How Are Wrongful Death Settlement Awards Determined?
Various factors determine wrongful death settlement awards. The court will consider the nature of the case, the total amount of damages sustained, and other underlying factors identified by the court.
Hiring an experienced lawyer will help you estimate the maximum amount of recoverable compensation for your case. It’s always the best option to hire a lawyer when dealing with complicated issues.
How Can A Wrongful Death Lawyer Help Me?
A wrongful death attorney helps victims fight for their justice in wrongful death cases. Hiring a lawyer ensures that you will receive the best compensation for your case.
A lawyer can also help you conduct a thorough investigation. Recovering vital pieces of evidence is also crucial in wrongful death claims. A lawyer can help you find compelling evidence for your case.
It won’t be easy to seek compensation in a wrongful death case. Your wrongful death attorney will help you ensure that you recover the best compensation based on the damages the deceased victim incurred.
As a personal representative, your lawyer will help you present your case in civil court. They will argue aggressively to hold the responsible person liable for the victim’s wrongful death.
Wrongful Death Lawyer Near Me | Contact Us Today To Speak With A Wrongful Death Lawyer
It’s not easy winning a wrongful death lawsuit independently. As a decedent’s estate, you will need the best help. Our wrongful death law office can help you with that!
Our law firm has continued to serve wrongful death and personal injury victims since it was formed in 2000. We provide free legal consultation and contingency fees for all our clients.
Call or text us now at (646) 217-0749 for your free consultation. You can also send us your case details through our online contact form.