A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another person or entity. This can happen in various situations, such as car accidents, medical malpractice, or workplace accidents. Depending on the jurisdiction, the surviving family members or the deceased person’s estate may file a wrongful death claim or lawsuit to seek financial compensation for their losses. This compensation can cover medical expenses, funeral costs, lost income, and the emotional suffering resulting from the death.
If you recently lost a loved one due to another person’s wrongful, negligent, or intentional act, a skilled wrongful death attorney can assist you throughout the process. Your Omaha wrongful death lawyer will swiftly investigate the circumstances surrounding the occurrence, determine your options, and pursue the justice and compensation that you and your family deserve.
Eligibility to File a Wrongful Death Claim or Lawsuit
A wrongful death claim or lawsuit is filed when someone dies because of another person’s intentional, negligent, or reckless actions. Different states have specific rules about who is allowed to file a wrongful death claim, but generally, certain family members and dependents are eligible.
- In most cases, the immediate family members of the deceased person have the right to file a wrongful death claim. This usually includes the surviving spouse, children, and parents. If the deceased person was married, their spouse typically has the primary right to file the claim. If there is no surviving spouse, then the children of the deceased may be next in line. If the deceased had no spouse or children, the deceased person’s parents can bring the claim.
- In some states, extended family members, like siblings or grandparents, may be eligible to file a wrongful death claim if they were financially dependent on the deceased. Some states also allow domestic partners or people in a long-term committed relationship with the deceased to file a wrongful death claim.
- Additionally, if the deceased person did not have any immediate family, the executor or personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is especially important if the deceased left behind an estate that needs to be managed, as any compensation recovered from the lawsuit may go toward supporting the estate or be distributed to beneficiaries.
It’s important to understand that wrongful death laws vary by state, and the rules about who can file a claim are not the same everywhere. An experienced wrongful death attorney can help individuals understand their rights and determine if they are eligible to file a claim or lawsuit.
Successfully Proving a Wrongful Death Case
To prove a wrongful death claim or lawsuit, you must establish four key legal elements: duty of care, breach of duty, causation, and damages. Each element is important for building a strong case, and different types of evidence can be used to support each one.
- Duty of Care – The first element is proving that the at-fault party (or defendant) owed a duty of care to the deceased. A duty of care means that the defendant had a legal responsibility to act in a way that would prevent harm to others. For example, in a car accident case, drivers owe a duty of care to follow traffic laws and drive safely. In a medical malpractice case, doctors have a duty to provide proper care to their patients. Evidence to prove this element can include laws, regulations, or professional standards that apply to the situation.
- Breach of Duty – Next, you must show that the defendant breached their duty of care. A breach occurs when someone fails to meet the expected standard of care. In other words, the defendant acted negligently, recklessly, or intentionally and caused harm. For example, a driver running a red light or a doctor making a serious error during surgery likely breached their duty of care. Helpful evidence includes eyewitness testimony, accident reports, video footage, or witness testimony that explains what the defendant should have done but failed to do.
- Causation – The third element is proving that the defendant’s breach of duty directly caused the accident victim’s death. It’s not enough to show that the defendant was negligent. You must prove that this negligence was the primary cause of death. Medical records, autopsy reports, or expert testimony can be key in proving causation, as they connect the defendant’s actions to the fatal outcome.
- Damages – Finally, you must demonstrate that the deceased’s family members or estate suffered damages as a result of the wrongful death. Damages can include financial losses like medical bills, funeral costs, and lost income, as well as non-economic damages like pain and suffering. Documents like medical bills, pay stubs, and receipts, along with testimony from family members about the emotional effect of the loss, can be helpful in proving damages.
Successfully proving these legal elements with strong evidence can significantly increase the likelihood of winning a wrongful death lawsuit or securing a favorable settlement for the family of the deceased.
What Happens During Wrongful Death Litigation?
Wrongful death litigation is the legal process that occurs when a family files a lawsuit seeking compensation for the death of a loved one due to someone else’s negligent or wrongful actions. The process involves several important steps, and understanding what happens during each stage can help the family prepare for what’s ahead.
- Filing the Lawsuit – The first step in wrongful death litigation is filing the lawsuit in civil court. A close family member, such as the spouse, children, or parents of the deceased, usually files the lawsuit. In some cases, the executor of the deceased person’s estate may file the claim. Once the lawsuit is filed, the defendant (the person or entity being sued) is formally notified of the legal action.
- Discovery Process – After the lawsuit is filed, both sides enter the discovery phase. During discovery, both the plaintiff (the family or estate) and the defendant gather evidence to support their case. This can include requesting documents, interviewing witnesses, and taking depositions. A deposition is a formal interview conducted under oath, where attorneys can ask questions to people involved in the case. The discovery process allows each side to better understand the facts and evidence the other side will present during the trial.
- Settlement Negotiations – In many cases, wrongful death lawsuits are settled before going to trial. During the settlement phase, both parties try to reach an agreement on the amount of compensation without needing a judge or jury to decide. Settlements can save time and money, and they allow the family to avoid the emotional stress of a trial. However, if a fair settlement cannot be reached, the case will likely proceed to trial.
- Trial – If the case goes to trial, both sides will present their arguments and evidence before a judge or jury. The plaintiff’s attorney will try to prove that the defendant was responsible for the wrongful death and that the family deserves compensation. The defendant’s attorney will argue against these claims. After hearing both sides, the judge or jury will make a decision called a verdict.
- Compensation – If the plaintiff wins the case, the judge or jury will decide how much compensation the family should receive. This compensation may cover funeral expenses, lost income, and emotional pain resulting from the loss of a loved one.
How Can a Lawyer Assist with Your Wrongful Death Case?
A knowledgeable wrongful death lawyer can be a valuable asset during a wrongful death case. They provide legal guidance, support, and representation, helping grieving families navigate the complicated process of seeking justice and compensation for their loss. Here are some key ways an attorney can assist during a wrongful death claim or lawsuit:
- Understanding the Law – Wrongful death laws vary significantly from state to state, and the legal system can be difficult to understand without professional help. A knowledgeable attorney knows the specific laws related to wrongful death in the state where the case is being filed. They can explain the legal process, eligibility requirements for filing a claim, and the compensation the family may be entitled to receive.
- Investigating the Case – A wrongful death attorney will thoroughly investigate the circumstances of the death to determine who is legally responsible. This may involve gathering evidence, interviewing witnesses, and consulting with experts, such as medical professionals or accident reconstruction specialists. The goal is to build a strong case that shows how the defendant’s negligence or wrongful actions caused the death.
- Handling Paperwork and Deadlines – Filing a wrongful death lawsuit involves a lot of paperwork and strict deadlines. An attorney will ensure that all necessary documents are prepared accurately and submitted on time. Missing a deadline or filing incorrect paperwork can result in the case being dismissed, so having an attorney handle these tasks is essential.
- Negotiating Settlements – Many wrongful death cases are settled outside of court. A knowledgeable personal injury lawyer can aggressively negotiate with the defendant’s insurance company or legal team to reach a fair settlement for the family. Attorneys know the tactics that insurance companies use to try to minimize payouts and will fight to ensure that the family receives the fair compensation they deserve. They can also threaten insurance company adjusters with litigation if they fail to make a reasonable settlement offer.
- Representing the Family in Court – If the case goes to trial, a wrongful death lawyer will represent the family in court. They will present evidence, question witnesses, and make legal arguments on the family’s behalf. Having an experienced trial attorney in the courtroom increases the chances of a favorable outcome.
Available Compensation in a Wrongful Death Case
In a wrongful death claim or lawsuit, compensation is available to help the surviving family members recover financially and emotionally from their loss. This compensation is for damages or losses and are usually divided into two main categories: economic damages and non-economic damages.
Economic Damages
Economic damages are the direct financial losses a family experiences due to the wrongful death. These damages are tangible and can be calculated based on actual costs or lost income.
- Medical Expenses – If the deceased person received medical treatment before passing away, the family may seek compensation for the cost of medical bills. This can include hospital stays, surgeries, medications, and emergency care.
- Funeral and Burial Costs – Funerals and burials can be expensive, and the family is often entitled to compensation for these expenses. This includes the costs of the funeral service, burial plot, casket, or cremation.
- Lost Income and Financial Support – If the deceased person was working and provided financial support for their family, compensation may cover the loss of future earnings. This includes the income the deceased would have earned had they lived, as well as benefits like pensions or health insurance. The calculation of lost income often factors in the deceased’s age, occupation, and life expectancy.
- Loss of Inheritance – In some cases, families can claim compensation for the loss of an expected inheritance, especially if the deceased had assets or savings that would have been passed down to their heirs.
Non-Economic Damages
Non-economic damages refer to the emotional and psychological effects that the wrongful death has on the surviving family members. These damages are harder to quantify but are just as important.
- Pain and Suffering – Family members can receive compensation for the emotional pain and suffering they endure due to the death of their loved one. This covers the grief, emotional distress, and trauma experienced.
- Loss of Companionship – The surviving spouse, children, or parents may seek compensation for the loss of companionship, guidance, and emotional support that the deceased would have provided. This can also include loss of consortium, which refers to the loss of a spouse’s affection and companionship.
Speak with an Experienced Wrongful Death Attorney in Your Area Today
If you recently lost a loved one due to someone else’s wrongful act, it’s important that you retain experienced legal counsel for representation right away. A knowledgeable Omaha personal injury lawyer can handle every step of your claim or lawsuit for you and pursue the compensation that you and your family need at this difficult time.