Wrongful death claims arise when a person dies due to the negligent, reckless, or intentional actions of another individual or entity. These lawsuits are filed by surviving family members to hold the at-fault party legally and financially accountable. With over 200,000 accidental deaths in the U.S. annually, wrongful death is an issue that affects countless families.
If you have lost a loved one and believe their death was preventable, you may have grounds for a lawsuit. Here is what you need to know about wrongful death claims.
Who Can File a Wrongful Death Lawsuit?
The surviving spouse, children, parents, or other beneficiaries named in the will typically have legal standing to file a wrongful death claim. A personal representative or executor of the estate must be appointed to bring the lawsuit on behalf of the beneficiaries.
There are differences between states regarding which family relationships are valid and the time limits for filing. Consulting with a wrongful death lawyer can help you understand who may pursue compensation in your state and assist in gathering the evidence needed to build a strong case.
Common Causes of Wrongful Death
Many types of incidents can lead to a wrongful death claim if negligence or misconduct was involved. Some of the most common causes include:
- Vehicle collisions – Each time you get behind the wheel, you have at least a 30% chance of getting in a car accident. Reckless driving behaviors like speeding, drunk driving, and texting while driving often contribute to these preventable collisions.
- Medical malpractice – Medical errors cause nearly 100,000 deaths each year in the U.S., making it one of the top causes of death. Mistakes like surgical errors, misdiagnoses, medication errors, and inadequate post-op monitoring can provide grounds for a malpractice suit if a patient dies as a result.
- Defective products – When a dangerous or defective product leads to injury or death, the manufacturer may be held liable through a products liability claim. Some common defective products include vehicles, medical devices, and children’s toys.
- Workplace accidents – Employers are required to provide safe working conditions for their employees. If failure to do so results in a fatal incident, the surviving family can sue for compensation.
Wrongful Death Claim Elements
Like other personal injury cases, a wrongful death claim requires proving certain legal elements. These include:
- Duty of care – The defendant owed a duty of care to the deceased.
- Breach of duty – Through negligent or reckless actions, the defendant breached their duty of care.
- Causation – The defendant’s conduct directly led to or contributed to the death.
- Damages – Surviving family members experienced financial losses and emotional suffering.
With the help of a lawyer, plaintiffs need to establish these elements based on evidence like police reports, medical records, expert testimony, and financial documents.
Types of Compensation Available
Two main categories of damages can be sought in a wrongful death claim – economic and non-economic losses.
Settlement amounts in wrongful death lawsuits can vary significantly, often ranging from $500,000 to several million dollars, depending on the scope of damages.
Wrongful Death Statute of Limitations
Each state has strict statutes of limitations dictating the deadline for filing a wrongful death claim, often between 1-4 years from the date of death. It is essential to take swift legal action or survivors may lose eligibility. An attorney can help determine the exact filing deadline.
The unexpected loss of a loved one can be emotionally and financially devastating for those left behind. While a lawsuit cannot erase this tragedy, it can provide some sense of justice and much-needed compensation.