How Does a Wrongful Death Lawsuit Work

Losing a loved one is one of life’s most painful experiences, and when someone else’s negligence or wrongdoing causes that loss, the emotional toll can feel overwhelming. In the United States, wrongful death cases are unfortunately common.

Unintentional injuries are the third leading cause of death, resulting in over 200,000 deaths annually [1]. When such a tragedy occurs, the legal system offers a path to seek justice and compensation through a wrongful death lawsuit.

So, how does a wrongful death lawsuit work? This article will guide you through questions about the process, who can file a claim, what damages may be recoverable, and the steps involved in pursuing a wrongful death claim.

Understanding this process can help families navigate the complexities of the legal system and make informed decisions during a time of immense emotional and financial stress.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought when the negligence, recklessness, or intentional actions of another party cause a person’s death. Such a claim aims to hold the responsible party accountable and compensate the deceased’s family for their loss.

Wrongful death can arise from various situations, including motor vehicle accidents, medical malpractice, workplace accidents, defective products, or criminal acts. For instance, if a doctor fails to provide the standard of care, and this negligence results in a patient’s death, the doctor or hospital may be liable.

The essence of a wrongful death case is that the deceased would have had grounds to pursue a personal injury claim had they survived. Since the individual can no longer file their own claim, their surviving family members step in to seek justice on their behalf.

Who Can File a Wrongful Death Lawsuit?

Wrongful death laws vary by state, but typically, immediate family members are eligible to file a wrongful death lawsuit. These individuals often include:

• The spouse of the deceased
• Children of the deceased (including adopted children)
• Parents of a deceased minor or adult child

In a wrongful death case, extended family members, such as siblings or grandparents, may be eligible to file a wrongful death suit if no immediate family members exist or if state laws permit. It’s essential to consult a wrongful death attorney to clarify eligibility based on your state’s specific rules.

Damages Recoverable in a Wrongful Death Lawsuit

The primary goal of a wrongful death lawsuit is to provide financial compensation to the survivors for the losses they have suffered. Some of the common damages that can be recovered include:

• Medical expenses: Costs incurred for the deceased’s medical treatment before death.
• Funeral and burial costs: Expenses related to the funeral and burial services.
• Lost income: The financial support the deceased would have provided had they lived.
• Loss of companionship: Compensation for the emotional loss experienced by close family members.
• Pain and suffering: In some cases, survivors can seek compensation for the emotional pain and suffering caused by the death of their loved one.

The total amount of compensation awarded in wrongful death cases will depend on the specific circumstances of the wrongful death claim, including the deceased’s age, earning capacity, and the emotional impact on family members.

The Process of a Wrongful Death Lawsuit

There are several steps in a wrongful death lawsuit.

Initial Consultation with an Attorney

The first step in pursuing a wrongful death lawsuit is to seek legal advice from an experienced wrongful death lawyer. During the initial consultation, the wrongful death lawyer will assess the facts surrounding the fatality, explain your legal rights, and provide an overview of the potential wrongful death claims.

This consultation is an opportunity to ask questions, understand the process, and determine whether you have a valid claim.

It’s important to consult with an attorney as soon as possible, as they can begin investigating the case right away. Wrongful death attorneys will also help you navigate the emotional challenges while ensuring the legal aspects are handled efficiently.

Investigation and Gathering Evidence

Once you decide to proceed with a wrongful death lawsuit, your attorney will begin a thorough investigation. This involves collecting evidence such as medical records, accident reports, witness statements, and expert opinions. The goal is to clearly understand the events leading to the death and identify the responsible parties.

In some cases, multiple parties may share liability. For example, a negligent driver and a manufacturer of a faulty vehicle part could be held accountable in a car accident. The strength of the evidence gathered at this stage is crucial to the success of your wrongful death claim.

Filing the Lawsuit and Serving the Defendant

After the investigation, the next step is to file the wrongful death lawsuit in the appropriate court. Your attorney will draft and file the complaint, which outlines the details of the case, including the wrongful death, the damages sought, and the liable parties. Once the lawsuit is filed, the defendant(s) must be notified (or “served”) with the legal documents.

This step triggers the legal process, giving the defendant an opportunity to respond to the allegations. The defendant may admit fault, deny responsibility, or offer a settlement, depending on the circumstances.

Discovery and Pre-Trial Motions

Following the filing of a wrongful death suit, both parties enter the discovery phase. During this stage, each side exchanges evidence, answers written questions (interrogatories), and participates in depositions. Discovery allows both parties to fully understand the facts of the case and prepare for trial.

In some instances, pre-trial motions may be filed to resolve specific legal issues before the trial begins. For example, a motion might be filed to exclude certain evidence or dismiss the case if the defendant believes the lawsuit lacks merit.

Settlement Negotiations or Trial

Most wrongful death lawsuits are resolved through settlement negotiations before reaching trial. During these negotiations, both parties attempt to agree on a fair amount of compensation, known as a wrongful death settlement. Your attorney will play a key role in these discussions, using the evidence gathered to advocate for the best possible outcome for your family.

However, if a wrongful death settlement cannot be reached, the case may proceed to trial. At trial, both sides will present their evidence and arguments to a judge or jury, who will then determine whether the defendant is liable and how much compensation the plaintiff is entitled to receive.

Verdict and Award (If Applicable)

If the case goes to trial and the court rules in favor of the plaintiff, a verdict will be issued. The court will then determine the amount of compensation the family should receive. This compensation will be based on the evidence presented and the losses the family has suffered.

It’s important to note the defendant may appeal the decision, which can extend the legal process further. Throughout all stages, having an experienced attorney by your side ensures that your rights are protected.

Proving a Wrongful Death Claim

For wrongful death claims to be successful, it must be established that the defendant’s actions directly caused the victim’s death. This section will explain the legal standards for establishing negligence, demonstrating the connection to the death, and calculating the damages your family may be entitled to.

Establishing Negligence or Wrongful Conduct

In most wrongful death claims, the plaintiff must show the defendant’s negligence caused the death. To establish negligence, the plaintiff must demonstrate the following elements:

• Duty of care: The defendant had a legal obligation to act in a way that would prevent harm to others.
• Breach of duty: The defendant failed to fulfill that duty through negligent or reckless behavior.
• Causation: The defendant’s actions directly caused the death.
• Damages: The family suffered financial and emotional losses as a result of the death.

For example, in a wrongful death case involving a medical error, the plaintiff must show the healthcare provider failed to follow accepted medical standards and that this failure directly caused the patient’s death.

Demonstrating the Connection to the Death

In addition to demonstrating negligence, it’s essential to show a direct link between the defendant’s actions and the death. This may require expert testimony, medical reports, or forensic evidence to establish the cause of death and demonstrate that the death would not have occurred without the defendant’s misconduct.

Calculating Damages

Determining the compensation owed in a wrongful death lawsuit is complex, as it involves both financial and non-financial losses. Financial damages may include lost income, medical expenses, and funeral costs, while non-financial damages focus on the emotional pain and loss of companionship experienced by family members.

Courts consider factors such as the deceased’s age, health, earning potential, and relationship with the surviving family members when calculating damages.

Statute of Limitations

Wrongful death lawsuits must be filed within a specific time frame, known as the statute of limitations. Understanding these time limits is essential to preserving your right to seek compensation. This section will outline the deadlines and explain why acting quickly is important.

Time Limits for Filing a Wrongful Death Lawsuit

Each state has a statute of limitations for filing a wrongful death claim, which is the legal deadline by which you must file your lawsuit. The time limit typically ranges from one to three years from the date of death, depending on the state. Missing this deadline can result in the forfeiture of your right to pursue legal action.

The Importance of Acting Quickly

Given the strict time limits for filing a wrongful death suit, it’s crucial to consult with an attorney as soon as possible. Delaying legal action can also hinder the investigation, as evidence may become harder to obtain, and witnesses’ memories may fade over time.

By acting quickly, you increase your chances of building a strong case and securing compensation for your family’s loss.

Consult an Experienced Wrongful Death Attorney

Losing a loved one is devastating, and while no amount of compensation can replace them, pursuing a wrongful death claim can provide financial stability and a sense of justice. If you believe that someone else’s negligence caused the death of your family member, it’s important to seek legal guidance immediately.

At Rosenfeld Injury Lawyers, we are here to help you navigate this challenging time. Our experienced team understands the complexities of wrongful death lawsuits and will work tirelessly to secure the compensation your family deserves. Contact us for a free consultation to discuss your case and get the support you need.

Resources: [1] Centers for Disease Control

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.