Losing a loved one will cause grief and difficulties, regardless of the situation and the cause of the person’s death. However, when a family member is killed in an accident due to someone else’s negligence, the pain can be especially deep for you. Though nothing can make up for the loss of this person in your life, filing a wrongful death lawsuit can relieve your financial burden.
The death of a loved one can result in steep medical and funeral costs, leaving you with stress to add to your sadness. Fortunately, if you can prove that someone else was responsible for the accident that caused the death, you may be entitled to compensation. Auto accidents are the most common wrongful death claims, though other incidents can be the cause. It’s important to understand how wrongful death cases work, what steps you can take to file a claim, and what you might be able to receive.
An Overview of Wrongful Death Lawsuits
It’s hard enough to lose a loved one, but when financial struggles result, you face overwhelming challenges. A wrongful death lawsuit can help cover the costs associated with your family member’s accident. The lawsuit is a civil suit that any family member or dependent can bring against an individual or entity that caused the loved one’s death. In some cases, a wrongful death suit is against the same party being charged criminally for the same event. Even though the defendant may be found not guilty of the criminal offense, he or she could still be held liable for the civil wrongful death lawsuit. The results in this civil suit would not result in imprisonment for the defendant but rather a cash payout to cover the claimed damages.
Common Wrongful Death Claims and Causes
The highest number of wrongful death suits come from car accidents. To win such a case, the attorney must prove that someone else was responsible for the crash that caused the death of the plaintiff’s family member. The attorney must show that the responsible party breached their duty of care while driving. In other words, the responsible driver’s actions or the person’s willful attempt to cause harm must have directly led to the accident that killed the victim.
Other wrongful death cases also must involve negligence and the defendant’s lack of reasonable care in a situation. Malpractice is another wrongful death example. This occurs when a doctor or other health care provider is unable to adhere to their expected standard of care. For example, a doctor’s mistake in surgery or a wrong prescription could be malpractice. An attorney would have to prove that these failures directly caused the death.
Other examples of wrongful death lawsuits include construction accidents, dog bites and animal attacks, slip-and-fall accidents, and defective products. A family member could also pursue legal action against a person who intentionally caused someone’s death through murder or assault.
Common Types of Defendants in Wrongful Death Cases
Virtually anyone could be sued for wrongful death if they were the cause of the fatality. In some situations, the at-fault party is obvious, such as in an auto accident where a motorist sped through a red light and struck another vehicle, killing the other driver. A doctor could be sued for improperly performing an operation that resulted in the patient’s death. Also, in the medical profession, a nurse could be the subject of a wrongful death suit if he or she gave a patient the wrong medication or dosage, which eventually led to the person’s death.
In defective product wrongful death suits, the defendant could be the company that designed the product or the manufacturer that produced it. A person could sue the employer of a family member if the accident that killed the loved one was a result of negligence. For example, this could include employers that fail to train, equip, or warn employees properly in dangerous jobs. Designers of buildings and roadways could be defendants in wrongful death lawsuits. This could include government agencies as well. Multiple defendants could be sued in some cases.
Damages a Lawyer Could Help the Family Recover
The main objective in a wrongful death suit is to provide financial compensation for surviving family members who have the responsibility of paying for the decedent’s bills. In many wrongful death situations, the victim may have received care in an emergency room after the accident. This care could have continued for days, weeks, or even months after the accident, resulting in significant costs.
Medical bills could also accumulate from medication costs and the costs of rehabilitation, medical equipment, or other care in hospitals or doctor’s offices. A wrongful death settlement would cover these payments.
A wrongful death lawsuit settlement can also cover the costs of the family member’s funeral. You may have already paid for a funeral, but the settlement award will reimburse you for what you spent. You may also be able to claim damages for the loss of the deceased person’s income—what the family member would have earned had he or she lived.
Similarly, you could also claim loss of any inheritance that you would have received from the loved one. Loss of companionship, as well as pain and suffering, are other common claims your attorney may consider. The damages you seek for pain and suffering claims could be significant.
Settlement payments may be in a lump sum or ongoing payments during a certain period. Before going to court, parties will often try to settle their differences outside the courtroom through negotiation and arbitration.
In the aftermath of a loved one’s untimely death, you may struggle to recover emotionally. The financial struggles can be severe, too, especially if your family member’s accident resulted in heavy medical bills. You don’t have to face these struggles without legal help. Filing a wrongful death lawsuit can provide the compensation you need and deserve so you can focus on moving forward in your loved one’s absence.
