A wrongful death case is a legal action filed when someone dies due to the negligence or misconduct of another person or entity. Surviving family members or the deceased individual’s estate typically file this type of claim. The ultimate purpose of a wrongful death claim is to seek compensation for the financial and emotional losses resulting from the untimely death, such as medical bills, funeral costs, lost income, and loss of companionship. It holds the responsible party accountable for their actions or negligence.
To prove a wrongful death claim successfully, the surviving family members or personal representative must show that the at-fault party owed a legal duty of care, that they breached this duty, and as a result, the death occurred bringing about various damages.
If you recently lost a loved one in an occurrence that resulted from another person’s wrongful act, a knowledgeable Omaha wrongful death attorney in your jurisdiction can help. Your lawyer can investigate the circumstances and handle every step of the legal process for you, from filing a claim with the at-fault party’s insurance company to litigating the case in court, if necessary.
Basis for a Wrongful Death Claim or Lawsuit
A wrongful death claim or lawsuit can arise when someone’s negligent actions lead to the untimely death of another person. Negligence occurs when someone fails to act responsibly or carefully, leading to dangerous situations that can result in fatal injuries. Several common scenarios often cause wrongful deaths due to negligence, ranging from car accidents to medical malpractice.
- One of the most frequent causes of wrongful death claims involves car accidents. When drivers speed, drive under the influence, or fail to obey traffic laws, they increase the likelihood of a fatal crash. In these situations, the family of the deceased can file a wrongful death claim if the driver’s negligence is proven to have caused the accident.
- Medical malpractice is another common cause of wrongful death. This occurs when doctors, nurses, or other healthcare providers make serious errors in patient care. Misdiagnosis, failure to diagnose, surgical mistakes, or improper treatment can lead to a patient’s death. When healthcare professionals fail to follow the standards of care expected in the medical field, they may be held legally responsible.
- Negligence in the workplace can also result in wrongful death claims, particularly in jobs that involve dangerous equipment or hazardous conditions. Employers have a responsibility to ensure a safe working environment by following safety regulations and providing proper training. If an employer fails to do so, and an employee dies as a result, the family may have grounds for a wrongful death lawsuit.
- Premises liability is another area where wrongful death claims can arise. Property owners are required to keep their property safe for visitors. If someone dies due to unsafe conditions, such as unmarked hazards, poor security, or dangerous maintenance practices, the property owner may be held liable.
In all of these cases, the common thread is negligence – whether it’s a careless driver, a negligent doctor, a lax employer, or a careless property owner. When negligence leads to a person’s death, the surviving family members may seek compensation through a wrongful death claim to hold the responsible party accountable for their actions.
How to Prove a Wrongful Death Claim Successfully
A wrongful death claim arises when someone’s negligence or intentional actions result in another person’s death. To succeed in a wrongful death lawsuit, the plaintiff (usually a close family member or personal representative of the deceased’s estate) must prove several key legal elements. These elements establish the at-fault party’s (i.e., defendant’s) responsibility for the death and justify compensation for the surviving family members. The necessary elements of a wrongful death claim include duty of care, breach of duty, causation, and damages.
- The first element is the legal duty of care. The plaintiff must show that the defendant had a legal obligation to act in a reasonably safe and responsible manner toward the victim. For example, drivers have a duty to follow traffic laws and drive safely, while doctors must provide proper medical care to their patients. Proving the duty of care often depends on the relationship between the defendant and the deceased and the circumstances leading up to the death.
- Next, the plaintiff must prove that the defendant breached their duty of care. This means showing that the defendant acted negligently or recklessly, violating the standard of care that they owed to the deceased. For instance, a driver who speeds or drives while intoxicated has clearly breached their duty of care. Similarly, a doctor who makes a major medical error that a competent doctor would not have made can be found to have breached their legal duty.
- The third element is causation. The plaintiff must demonstrate that the defendant’s breach of duty directly caused the death. In legal terms, this is often called “proximate cause.” It requires showing a clear link between the defendant’s actions and the fatal injury or condition. This element can sometimes be complex – especially in cases involving medical malpractice, where other factors may contribute to the outcome.
- Finally, the plaintiff must prove that damages resulted from the wrongful death. This includes showing the financial and emotional harm that surviving family members suffered. Damages can cover medical expenses, funeral costs, lost income, and emotional suffering.
To support these elements, evidence such as medical records, accident reports, witness testimony, and expert opinions are often required. These documents help to establish the defendant’s negligence and the link between their actions and the death. Strong evidence is critical to a successful wrongful death claim.
How Can an Experienced Lawyer Help with a Wrongful Death Claim or Lawsuit?
Losing a loved one is incredibly difficult, especially when their death resulted from someone else’s negligence or wrongdoing. In such cases, a wrongful death claim or lawsuit may be necessary to seek justice and compensation. An experienced attorney can play a vital role in helping you navigate this complicated legal process. Here’s how:
- Understanding Your Legal Rights – An attorney helps you understand your legal rights under wrongful death laws. Every state has specific rules about who can file a claim and the compensation that can be pursued. An attorney will explain the relevant laws to you, ensuring you’re aware of the compensation you’re entitled to seek.
- Collecting Evidence – Wrongful death cases require strong evidence to prove that the other party’s negligence directly caused your loved one’s untimely death. An attorney can gather and analyze important evidence, such as medical records, witness statements, and expert testimony, to build a solid case on your behalf.
- Valuing the Claim – An experienced wrongful death attorney will calculate the full extent of damages you may recover. This includes financial losses like funeral expenses, lost earnings, and loss of future income. It also includes non-economic damages, such as loss of companionship and emotional pain. Without an attorney, you may undervalue the true cost of your losses.
- Dealing with Insurance Companies – Insurance companies often try to minimize payouts in wrongful death cases. A skilled attorney knows how to negotiate effectively with insurers to make sure you receive fair compensation. They can push back against low settlement offers and avoid tactics that insurers use to reduce their liability.
- Handling Court Procedures – If the case goes to court, an experienced attorney will handle all the legal procedures, from filing the lawsuit to presenting the evidence at trial. They will represent you in court, ensuring your case is heard effectively and professionally.
- Reducing Stress – The grieving process is emotionally taxing. A compassionate wrongful death attorney can take much of the burden off your shoulders by managing the legal aspects of the case, allowing you to focus on healing while they fight for justice on your behalf.
What Happens During Wrongful Death Litigation?
Litigating a wrongful death case in the state court system is a complex process that begins with filing a timely lawsuit. Close family members, such as a spouse, children, or parents, typically file the lawsuit, depending upon state laws. At other times, a personal representative of the victim's estate may file.
- Filing the Complaint – The process begins with filing a complaint – or the legal document that outlines the facts of the case, identifies the parties involved, and explains how the defendant’s actions led to the wrongful death. The complaint will also detail the damages the plaintiff is seeking, such as medical bills, funeral costs, lost income, and emotional suffering.
- Discovery Phase – Once the lawsuit is filed, the case enters the discovery phase. During discovery, both parties exchange information and gather evidence. This includes depositions (sworn statements from witnesses), requests for documents, and interrogatories (written questions). Discovery allows both sides to examine the strengths and weaknesses of the case, often influencing the decision to settle or proceed to trial.
- Pre-trial Motions and Settlement – Before the trial begins, either party can file pre-trial motions. These motions can ask the court to dismiss certain parts of the case or even the entire case, based on legal arguments. At this stage, many wrongful death cases are settled out of court, as both sides may prefer to avoid the uncertainty and cost of a trial. Settlements often involve negotiations to determine a fair compensation amount for the plaintiff.
- Trial – If no settlement is reached, the case goes to trial. During the trial, both sides present their evidence and arguments to a judge or jury. The plaintiff must prove that the defendant’s actions caused the death and that compensation should be awarded. After hearing the case, the judge or jury will make a decision. If it’s in favor of the plaintiff, they will determine the amount of compensation.
Potential Wrongful Death Damages
In a wrongful death claim or lawsuit, surviving family members may be eligible to recover compensation for damages, these are the losses they have suffered due to their loved one’s untimely death. These damages are intended to address both the financial and emotional effects of the death.
Economic Damages
Economic damages are measurable, out-of-pocket losses that the family has experienced as a direct result of their loved one’s death. These include:
- Medical Expenses – If the deceased received medical treatment before passing, the family may recover costs for hospital bills, medications, surgeries, and other medical care.
- Funeral and Burial Costs – The cost of a funeral, burial, or cremation can be significant. Families may seek compensation to cover these expenses.
- Lost Income – If the victim was a wage earner, and the family was dependent on that income, they may be entitled to receive compensation for the income the victim would have earned had they lived. This includes not only the current lost income but also the future earning potential.
- Loss of Benefits – Surviving family members may recover compensation for lost benefits such as health insurance, pension, or retirement benefits that the deceased would have provided had they lived.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological toll that the death has caused. These damages are more subjective and often harder to quantify but are equally important:
- Pain and Suffering – Surviving family members can seek compensation for the emotional pain and mental anguish they have endured due to the loss of their loved one.
- Loss of Companionship – Surviving spouses may also be entitled to compensation for the loss of their partner’s companionship, guidance, and emotional support. Similarly, children may seek damages for the loss of parental guidance and nurturing.
- Loss of Consortium – This refers to the deprivation of the deceased’s relationship and affection, especially for surviving spouses and family members.
Punitive Damages
In cases where the death resulted from extreme negligence or intentional misconduct, the court may award punitive damages. These damages are designed to punish the defendant and deter similar behavior in the future. However, punitive damages are not available in every state and are typically awarded in more severe cases.
Claiming compensation for damages aims to provide some form of justice and financial stability to grieving families during a difficult time.
Call an Experienced Wrongful Death Lawyer Today
If you recently lost a loved one because of someone else’s wrongful act, you are not alone. A knowledgeable and compassionate Omaha personal injury lawyer in your area can assess the accident circumstances and determine your eligibility for filing a wrongful death claim or lawsuit. Your lawyer can then handle every step of the process for you, including negotiating a fair settlement or litigating a wrongful death case in the state court system.