Losing a loved one is never easy, especially when the loss is unexpected. However, the pain of your loss is amplified when their death occurs at the hands of another party. Most times, deaths resulting from negligent or intentional action are entirely avoidable, making it much more difficult to accept.
If you’ve lost a loved one as a result of a wrongful action, you can have the opportunity to pursue compensation by filing a wrongful death claim. While there is no average settlement you can expect to receive, a wrongful death attorney can represent your best interest and work diligently to get you the best possible case result.
Understanding Wrongful Death
Simply put, a wrongful death occurs when a person is killed by another party’s negligent actions or misconduct. Losing a loved one can be particularly costly, and the financial burdens can be too much to bear, especially if you weren’t prepared for your loss. When a wrongful death occurs, you may have the right to file a legal claim against the at-fault party.
A wrongful death claim is a civil claim that falls under the area of personal injury law, also called tort law. Personal injury law allows injured victims to pursue justice and compensation when they are impacted by another party’s wrongdoings.
Wrongful death claims are unique, as the victim is no longer around and able to pursue rightful financial recovery. Instead, a wrongful death lawsuit allows a deceased victim’s family to seek compensation for the losses caused by their loss.
Money cannot bring a loved one back or erase the past. Still, filing a wrongful death claim can help ensure victims’ families do not have to deal with financial repercussions alone.
How Wrongful Death Incidents Arise
Wrongful deaths can be caused by many different types of accidents. Alternatively, many wrongful death incidents are not so fast and traumatic, with a party causing a victim harm that eventually results in their demise.
Some of the most common causes of wrongful deaths include, but are not limited to:
- Vehicular collisions, including those involving cars, trucks, and motorcycles
- Pedestrian accidents
- Bicycle collisions
- Boat crashes
- Construction accidents
- Slip and falls
- Intentional acts of violence
If you know or believe another party can be at fault for your loved one’s death, speak with a wrongful death attorney right away. A lawyer can thoroughly investigate the cause of your loved one’s death to determine whether someone else can be liable, opening the door for you to file a legal claim.
Who’s At Fault for a Wrongful Death?
Along with determining the cause of your loved one’s passing, it’s crucial to figure out who will be financially responsible for their death. Some of the parties that can be liable for a wrongful death include:
- Car and truck drivers
- A driver’s employer
- Caretakers
- Medical professionals
- Landowners and occupiers
- Governmental entities
- Product designers, manufacturers, and distributors
Depending on the circumstances, one party or multiple parties may be at fault for a person’s death. A wrongful death lawyer can figure out who is responsible for the victim’s passing to hold them accountable for their actions.
Pursuing Compensation for a Loved One’s Wrongful Death
When you’ve lost a loved one, you may have certain options to pursue compensation. Your options depend on the circumstances.
Like many victims injured in accidents, you can seek financial recovery by filing an insurance claim. For example, if your loved one died in a car accident, you can file a collision claim with the at-fault driver’s insurance company. However, obtaining fair financial recovery from insurance companies isn’t always easy, especially because it depends on certain details, including policy limits.
If you pursue monetary recovery by filing an insurance claim and the claim does not yield favorable enough results, you have the option to file a wrongful death lawsuit against the responsible party for additional compensation.
Should your loved one pass away in a situation that does not involve an insured party, you will need to pursue compensation by filing a lawsuit against that party.
Seeking financial recovery for your loved one’s untimely death can be challenging, especially as you navigate a trying time in your life. For this reason, it’s crucial to seek qualified legal advice from a wrongful death attorney. A lawyer can steer you in the right direction, help you understand your rights, and do everything necessary to fight for justice for your loved one.
Who’s Entitled to File a Wrongful Death Claim?
If you’re interested in holding the at-fault party responsible for your loved one’s death, it’s important to determine how your state handles wrongful death claims. Your state’s wrongful death statute dictates who’s entitled to file a wrongful death case.
In some states, the victim’s personal representative must be in charge of a wrongful death lawsuit. A personal representative is the party that handles the affairs of a person’s estate after their passing. If the victim had an estate plan, it’s likely they’ve named their personal representative in their will. Otherwise, the court will appoint one. Personal representatives are often individuals close to the decedent, like spouses, parents, or friends.
Alternatively, in other states, certain parties that have an interest in the lawsuit can file the claim on behalf of themselves and other relatives. Persons who can often file a wrongful death claim include:
- Beneficiaries, including spouses, children, and parents
- Relatives, including siblings or grandparents
- Anyone who is financially dependent on the decedent is entitled to an inheritance
A wrongful death lawyer can provide guidance concerning your state’s wrongful death laws. Based on the situation, they can also help determine who should be the face of your wrongful death claim, whether it be you, another relative, or a personal representative.
How Much is an “Average” Wrongful Death Settlement?
Seeking compensation for the passing of your loved one can be stressful and confusing. One of the questions most families have concerning the process is, “What is the average wrongful death settlement?” In reality, there is no “average” settlement you can expect to receive.
It’s important to understand that every wrongful death lawsuit is unique. No two cases are the same, as all victims and circumstances are different. For this reason, settlements for wrongful death claims vary depending on many factors.
It can be frustrating not to know how much financial recovery you can expect to receive for your claim. However, it’s essential to keep in mind that when you have a wrongful death attorney on your side, your case is in the best possible hands. Your lawyer will do everything necessary to get you the fairest settlement for your losses.
Compensation Available in Wrongful Death Cases
Wrongful death damages help compensate you for the losses and expenses stemming from the passing of your loved one. When you file a wrongful death claim, you’re seeking damages for these monetary and non-monetary losses.
Depending on how your state handles wrongful death cases, you can pursue compensation for your personal damages, but also for the damages your loved one would have been entitled to had they not passed away.
When filing your wrongful death claim, you can often pursue compensation for:
- Funeral and burial expenses: The costs associated with planning your loved one’s funeral and burying them in their final resting place.
- Medical expenses: The medical bills that accumulated for your loved one’s medical care after the accident that led to their eventual passing, including ambulance transportation, surgeries, and hospital stays.
- Your loved one’s lost earnings and benefits: You may have the opportunity to seek financial recovery for the earnings your loved one missed due to time off from work after their accident, and also future earnings and benefits they would have earned had they not passed. These damages are significant for individuals relying on financial support from the decedent.
- Pain and suffering: A decedent’s family may be entitled to accept an award for damages representing the pain and suffering the decedent experienced after the accident but prior to their passing. Some states also allow families to obtain compensation for their own pain and suffering caused by their loved one’s passing.
- Loss of emotional support: Non-economic damages for the mental and emotional losses associated with the death of a loved one, including loss of love, support, or companionship.
Based on the severity of the situation, you may also have the chance to seek punitive damages. Unlike compensatory damages, punitive damages aren’t granted for the sole purpose of compensating victims’ families. Instead, punitive damages punish defendants for their intentional or grossly negligent actions.
Aside from obtaining justice, the primary goal of a wrongful death claim is to acquire adequate compensation that accurately represents the value of your unfortunate losses. A wrongful death lawyer can assess the details of your case to determine the types of damages you can pursue for your case.
Factors Influencing the Value of a Wrongful Death Claim
It is difficult for many families to wrap their minds around assigning a monetary value to their loved ones’ lives. It might seem unfair to do so, but it is necessary for a wrongful death claim. Thoroughly evaluating the circumstances can provide your wrongful death lawyer with some valuable insight and result in a more precise dollar amount.
Numerous factors play a role in figuring out how much a wrongful death case is worth. Your attorney will look at several details, including, but not limited to:
- Your loved one’s age and health at the time of their passing
- Your loved one’s current earnings and their earning potential
- The expenses associated with planning your loved one’s funeral and burial
- Medical expenses incurred before your loved one’s passing
- Whether your loved one experienced pain and suffering before their death
- The ages and needs of any individuals financially reliant on your loved one
- Insurance policy limits
Aside from these critical factors, it’s also necessary to consider legal representation. Individuals who pursue wrongful death cases through an attorney fare better than those who try to handle their cases themselves. The goal of a wrongful death lawyer is to safeguard your rights and acquire the full and fair compensation you truly deserve. As a surviving family member, it’s important to remember that insurance companies do everything they can to limit their payouts. The best way to protect your rights is to work with an experienced wrongful death attorney.
Time is Limited to File a Wrongful Death Action
After losing a loved one, you may need to take some time to heal and accept your loss. Still, it’s vital to remember you only have a short time to file your wrongful death claim.
At the time of your loved one’s death, a time clock starts ticking. Once time is up, you’ll lose your right to pursue compensation for your loved one’s death. The time you’re allowed depends on your state’s statute of limitations, which can only be one to three years.
While it may seem like you have plenty of time, many steps come before actually filing your wrongful death lawsuit. You want to ensure you give yourself and your attorney enough time to properly handle your delicate claim. Therefore, as quickly as you’re able, discuss your case with a knowledgeable wrongful death lawyer to get started sooner rather than later.
Taking the First Step After the Loss of a Loved One
Oftentimes, taking the first step toward pursuing compensation for your loved one’s death can be the hardest. When you put your case in the hands of a wrongful death attorney, you can feel assured about your decision to move forward and seek justice. A lawyer has a unique understanding of your pain, stresses, and apprehensions. Your attorney will guide you through the process as gently as possible while still aggressively pursuing the financial recovery you deserve.
After losing a loved one, don’t wait to talk to a local personal injury attorney. Schedule a consultation to begin working on your case right away. The right legal team is ready to support your family as you seek justice for your loved one’s death.