How Wrongful Death Claims Work
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Personal injury laws in the United States allow next of kin of a person wrongfully killed due to negligent actions to recovery damages. The spouse, children, or family members are entitled to seek compensation from those responsible via legal action.
To be held liable, wrongful death law specifies that there must be a direct series of events leading to the fatal injury.
The family or estate must prove the defendant was the "proximate cause of the decedant's death" for a case to be successful.
If you've lost a loved one and would like to know if you are eligible to file a wrongful death lawsuit, share the details of what happened with our attorneys to get a free legal consulation.
At Lawsuit Legal our experienced wrongful death lawyer have years of experience fighting these complex cases and can help you determine if you have a valid claim.
A successful civil lawsuit can provide substantial compensantion and serve to hold the responsible party accountable.
The laws vary from state to state, though they do share some similarities. State laws are based on two systems: The “Lord Campbell System” and the “Loss-to-Estate System”.
These systems provide State’s with settlement guidance but certain elements of wrongful death must be present.
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Table of Contents
[show]The Basic Elements of a Wrongful Death Suit
Those left behind when a loved one dies can be overwhelmed with grief. During these times, it is difficult to know what to do. Different types of cases can lead to wrongful death lawsuits, and in most cases the victims family have a right to pursue compensation for the death of their loved one due to someone else’s negligence.
Surviving relations and partners should consult a qualified wrongful death attorney if any of the elements below are present when thinking of a family member's death.
Four important legal elements in a wrongful death case.
- Negligence
- Breach of Duty
- Causation
- Damages
Death resulting from Negligence
Proof that the family member’s death was caused by the negligent actions of the defendant is required. The defendant can be found liable even if they are only partially responsible for the reckless or careless acts that resulted in a fatality.
- Example - A company does not provide proper maintenance and record keeping for heavy machinery used by employees. An equipment malfunction results in the death of a loved one at work. The company was negligent and should be held liable for violation of workplace safety standards.
Defendant’s Breach of Duty
Defendants must have violated (breached) the responsibility (duty) they owe to the deceased. In other words, we are all responsible to each other in certain situations and occupations.
- Everyday example - A mother is walking her kids home from school when killed by a speeding motorist. The driver had a duty to obey traffic laws and beached those duties by speeding.
- Professional example - A patient in long term care facility suffers a broken leg from a nurse’s carelessness which results in her death. The healthcare facility has breached the duty it owed the patient by providing a safe facility for elderly residents.
Causation to Victim
Plaintiff must prove the negligence was the cause of a family member’s death. In other words, the defendant’s actions must be partially or entirely the reason a loved one has died.
- Partial Responsibility Example - A father of four dies when a tractor trailer runs him off the road. The driver claims the truck was overloaded intentionally by the company he works for. The trucking company is liable to legal action since the overloaded truck was a direct cause in the father’s death.
- Wholly Responsible Example - A Doctor performing surgery leaves surgical equipment inside the patient. The patient does not recover and dies before the error found. If it is reasonably certain the patient would have recovered, then the Doctor’s error was the cause of death and may constitute a cause of action for a medical malpractice death lawsuit.
Direct Damages to Family
The plaintiff must show measurable damages resulting from a relative's death.
- Example - A wife wins her lawsuit against a drug manufacturer whose product defect resulted in her 48-year-old husband's death. The plaintiff can quantify and is entitled to the expected earnings her spouse would have earned over his lifetime.
If your loved one suffered fatal injuries as the result of another party’s negligent or willful act, the lawyers at Lawsuit Legal can help you fight to hold the responsible party accountable.
Typically, some person, company, or entity is liable for damages when these circumstances can be applied to loss of life - but who is eligible to make a wrongful death claim?
Who Can File Wrongful Death Lawsuits?
The eligible survivors who can lawfully file a civil case to hold those responsible for the decedent's death liable differ from state to state depending on the governing wrongful death statute. The estate or the personal representative of the decedent may be able to file a claim against an insurance company, organization, or individual parties whose negligent actions are deemed to have caused the death. These are based on the individual applicable state laws. The statutes will determine whether surviving spouses, next of kin of the deceased person (parents, heirs, family members) and children are eligible to file a claim.
Your personal injury attorney can help determine who is entitled to make a claim based on the statute that governs the case.
Two Systems
States set their own detailed specifics when referring to individuals who can lawfully claim damages. These states use two systems as the basis for eligible claimants: Loss-to-Estate and Lord Campbell System.
Loss-to-Estate System
This system allows claims to be made by the decedent’s (person who died) estate and the estate’s personal representative. The compensation will be for any losses incurred due to the death of the decedent.
The Loss-to-Estate wrongful death process.
- This begins with a probate court appointment of the estate’s personal representative and advocate.
- The estate’s personal representative will bring a wrongful death lawsuit in their name for loss of life damages.
- Determining and awarding losses (compensatory and punitive damages) are specific for each state.
- Recovered damages will be held in a special trust and disbursed to all designated beneficiaries.
Lord Campbell System
- Most states base their wrongful death laws on the Lord Campbell Act of British Parliament in 1846. [1] In this system the only the beneficiary party specified in the statute can make claims. The relationship to the decedent will determine their beneficiary status.
- The beneficiaries are separated into classes. For example spouses or domestic partners would be the first class and older children or a parent could be the second class. If no groups fall into a relation class then a wrongful death suit is not possible.
Who Actually Files a Lawsuit?
Claims for financial compensation are not filed by the survivors themselves. It's important to note a civil wrongul death claim does not require criminal prosecution against the parties responsible for the decedents death.
Those survivors who suffered losses from the death of the deceased are referred to as the "real parties in interest".
These "real parties in interest" can vary from state to state according to the local statute but in general they can include:
- Unmarried life partners, financial dependents, and common law spouses - Not every state allows for this group of survivors to file a legal claim, but in some states these three groups are able to file.
- Removed family members and relatives - Distant family members such as siblings and grandparents may be able to file a claim. This is especially true in situations where the grandparent or sibling may now be raising a child of the deceased.
- Any person who suffers financial hardship - Any person who suffers financially due to the death of the deceased may recover damages, regardless of their relationship with the deceased.
- Parents of a deceased fetus - In some states it is acceptable to bring a suit for emotional and financial losses suffered from the death of an unborn fetus. In other states the baby must first be born alive and subsequently die. If you have been in an unfortunate situation in which a fetus has died, your death attorney will be able to assist you with up-to-date laws specific to your state and offer a compassionate pathway to recovery.
- Dependent Adult Children - Children older than 18 and into their 20's related to the decedent may still be entitled to receive compensation after deaths of a parent.
- The executor, administrator or beneficiaries (usually family members) of the estate of the deceased can also bring a lawsuit.
Who can file (Specific Circumstances)
Other situations can affect who can file wrongful death lawsuits.
- Location where the death took place
- Claimants' active relationship to the decedent
- Whether an individual or entity is being held liable
- Status of the estate
- Local and State statutes
- Statute of Limitations (time limit to file / filing deadline)
There are lots of injury law variables that determine eligibility and the amount of compensation you are entitled to.
Each death case has its merits and factors which need to be accounted for during the course of a legal claim.
Legal representatives are the best resource to ensure these important factors are accounted for and properly admitted into death case. This ensures the plaintiff is awarded the damages they deserve.
What types of compensation are available from a wrongful death settlement?
Settlement Awards (Compensatory vs. Punitive Damages)
Holding the people responsible for your loss using the legal process matters. Death has a serious impact financially and emotionally and the surviving family deserve answers. State laws provide two types of awarded damages. Most cases settle without need for trial, however some defendants will need to be forced to take responsibility in the courtroom. Depending on the specific details of your case you might be offered a pretrial settlement offer before going to court or be forced to go to trial to seek a verdict from the judge or jury award.
Beneficiary Compensatory Damages
Most awarded damages are compensatory.
Compensatory damages cover a wide range of compensation and are based on specific damages and losses incurred by those left behind.
These can be broken down into two categories.
Tangible forms of Damages
- Medical Bills
- Funeral Expenses / Burial Costs
- Loss of property (vehicles, home, etc)
- Lost wages (Loss of income)
Intangible forms of Damage
- Loss of the support, love, companionship and guidance of the deceased
- Loss of anticipated lifetime earnings
- Physical trauma endured by the deceased due to defendant
(You Can Sue Someone for the Pain & Suffering of the deceased.) - Emotional trauma endured by the deceased due to defendant
- Emotional trauma suffered by family
The courts decide the level of damages you are entitled in a successful wrongful death claim using a wide range of affecting parameters such as future earnings potential of the decedent, your relationship to the deceased, and the level of loss and suffering you have incurred.
Beyond these compensatory damages, there is another more punishing type of damages that can be applied to the defendant - Punitive Damages.
Punitive Damages
As a claimant, you may be awarded punitive damages. For this type of damage award, cases need to exhibit actions of the defendant that are excessively negligent.
These actions of the defendant investigation may reveal include:
- Murder of decedent (Defendants proven “not guilty” criminally included).
- Criminal acts that lead to death.
- Wanton or malicious actions resulting in harm.
- Morally reprehensible conduct
- Pattern of abuse, misconduct or negligence that resulted in death.
These punitive damages are meant as a punishment for the defendant, rather than any proceeds meant to compensate you for your loss. The punishment is used to deter those responsible from repeating their reprehensible actions.
Awards for incidents that result in ones death are easy to define and difficult to properly establish in a court of law. Defendants will hire experienced death attorneys to defend, justify or disallow the plaintiffs legal actions.
What are typical situations that lead to valid wrongful death lawsuits?
Common Accidents & Causes of Wrongful Death
There are a broad number of accidents and situations that can legally result in death cases. Reckless driving, fatal accidents in the workplace, defective products, are among the most common cause for claims we review. However, to be held responsible, defendants must have intentionally or unintentionally committed acts that resulted in someone’s death or failed to take a reasonable action to prevent the loss of life.
- Intentional negligence example - A disagreement between two people ends when one person strikes the other in the head. The blow to the head leads to the person dying. The punch was thrown with the intent of hurting the other person.
- Unintentional negligence example - A homeowner neglects to fence off their pool as established by local law to protect children from accidentally falling in. A child walks over, falls into the pool and drowns. The homeowner did not intend for this to happen, but liability can be established, as they have been negligent by not properly following the law.
These are terrible outcomes of intentional and unintentional actions. Regardless of whether actions are intended, here are more situations which could potentially result in wrongful death actions.
* According to our data wrongful death lawsuits are commonly brought due to:
Car accidents, Commercial Truck accident, Motorcycle accidents, Medical malpractice, Birth Injuries and death, Defective drugs or products, Nursing Home Negligence, Workplace accidents, Death caused by assault or battery, Illegal actions leading to someone’s death, Vehicular manslaughter (DUI/DWI), Murder, Childhood drowning.
As any death can be of a wrongful nature - the prime factor must be that someone (or an entity such as a corporation) can be held responsible for a death that would not otherwise have occurred.
Whatever the facts, if someone you loved has died in a fatal car accident, as a result of another persons fault, negligence or actions, the experience your personal injury lawyers bring to the investigation and legal process is the best path to use the law to achieve justice.
Filing for Compensation: Civil Lawsuit Representation
No amount of money can compensate for the loss of a loved one. The reason wrongful death laws are in place is to lessen the burden on family left behind and to punish those responsible for their recklessness.
The trial-tested attorneys at Lawsuit Legal have years of experience with a track record of results helping surviving family with wrongful death claims in high profile cases.
The decision to take legal action is an important one. In some cases the courtroom provides the only path to hold the parties responsible accountable and establish what happened.
Wrongful Death Attorney Fees
Your initial legal consultation is an opportunity to discuss the facts and evidence of your case with experts. If your case qualifies, the law firm representing you will work on contingency - meaning you pay nothing if your case doesn't win.
The benefits of a death lawyers representation will quickly become apparent when you sit down to discuss your case.
You deserve to be treated with dignity, your situation heard with respect, and your grief be recognized by judge and jury in a court of law if necessary.
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