Navigating a wrongful death claim is complicated when you’re grieving. Figuring out your rights when someone you love has died because of another person’s negligence is even more difficult.
Here’s what you need to know about wrongful death claims and your rights.
Here’s What We’ll Cover:
- Why Wrongful Death Claims Exist
- Who Can File a Wrongful Death Claim?
- What Damages Can You Recover?
- The Timeline You’re Working With
Why Wrongful Death Claims Exist
Wrongful death claims exist to hold negligent parties accountable for their actions. Filing a wrongful death lawsuit after an accident that should have been avoided is a way to seek justice for the person you lost and to help your family recover compensation for things like medical bills, funeral costs, lost income, and emotional suffering.
It’s not about putting a price tag on the life of someone you loved. It’s about making sure those responsible for their death are held accountable.
The statistics show just how necessary wrongful death claims are.
- Over 250,000 deaths per year result from medical malpractice. That’s approximately 9.5% of all deaths in the United States.
- You have to add to that thousands more from car accidents, work-related accidents, nursing home neglect, and defective products.
Here’s the thing…
The vast majority of these deaths were preventable. Understanding your rights when someone you love is lost is the first step to finding justice in these cases.
Who Can File a Wrongful Death Claim?
Not just anyone can file a wrongful death claim.
The person bringing the claim, known as the “plaintiff,” has to have legal standing in most states. Each state sets its own rules for determining who has legal standing. In general, the following people have the right to file a wrongful death claim:
- Immediate family members of the deceased, including the spouse, children, and parents of unmarried children typically have the strongest claim.
- Life partners in some states have the right to file a wrongful death lawsuit, even if they aren’t married to the decedent.
- Financial dependents may be able to bring a wrongful death claim if they relied on the decedent for financial support.
- Estate representatives A personal representative of the decedent’s estate can file on behalf of the estate’s beneficiaries.
And here’s something most people don’t realize…
You might have more legal standing than you think. Just because you weren’t married to the decedent doesn’t mean you can’t file a claim. If you were financially dependent on the person who died, you may still be entitled to compensation.
What Damages Can You Recover?
“Damages” is the legal term for the money you can recover through a wrongful death claim.
It’s the question people always ask when they start researching wrongful death settlements.
“What can I actually get money for?”
The answer? More than you might think.
Economic Damages
Economic damages are the financial losses your family has suffered as a direct result of the decedent’s death. These damages can be calculated using things like medical records and past earnings and include:
- Medical expenses incurred before the death
- Funeral and burial costs
- Lost income the decedent would have earned
- Lost benefits such as health insurance, retirement accounts, etc.
- Loss of household services
Recent research shows that the average wrongful death settlement in the U.S. is approximately $973,054. The median settlement, which better represents what most families actually receive, is $294,728.
Non-Economic Damages
Non-economic damages, on the other hand, are more subjective. They’re intended to compensate for the emotional losses your family has suffered and include things like:
- Pain and suffering the decedent experienced before death
- Loss of companionship, guidance, and protection
- Emotional distress for surviving family members
- Loss of consortium for the surviving spouse
Some states also allow punitive damages in cases where the defendant’s conduct was especially reckless or intentional. Punitive damages are meant to punish the defendant and deter future similar behavior.
But don’t forget this:
The amount of compensation your family can recover depends on many factors. The deceased person’s age, earning potential, and the circumstances surrounding the case all play a role. A younger person with higher earning potential will typically result in a larger settlement.
The Timeline You’re Working With
Here’s something critical when it comes to wrongful death claims…
You can’t wait forever to file a claim. Every state has a “statute of limitations” that sets a deadline for filing your case.
Most states give you between one and three years from the date of death to file your wrongful death claim. If you miss that deadline, you lose your right to recover compensation forever.
The clock is ticking.
Acting quickly is critical when you file your wrongful death claim. The sooner you speak to an attorney, the better. An attorney can help you ensure you don’t miss critical deadlines, preserve evidence, and interview witnesses while the memories are fresh.
Evidence degrades over time. Witnesses forget details. Documents get lost. By starting early, you can build the strongest case possible on your behalf.
Understanding the Legal Process
Filing a wrongful death claim is not as complicated as you might expect. The process typically involves the following steps:
- Consulting an Attorney: Meeting with an attorney to discuss your case and determine if you have a valid claim.
- Investigation: Your attorney will investigate the circumstances surrounding your loved one’s death, gathering medical records, accident reports, witness statements, and other evidence.
- Negotiation: Most wrongful death cases settle before trial. Your attorney will negotiate with the insurance company to reach a fair settlement.
- Trial: If a settlement isn’t possible, your case will go to trial where a judge or jury will determine liability and compensation.
Remember this:
The vast majority of cases settle before trial. Insurance companies don’t want to pay the expense of going to court, but having an attorney willing to go to trial gives you the upper hand.
Common Causes of Wrongful Death
A wrongful death can happen in many ways.
Figuring out what qualifies as wrongful death is often a question for many people. The most common causes of wrongful death are:
- Medical malpractice Surgical errors, misdiagnosis, and medication mistakes.
- Car accidents Drunk driving, distracted driving, and other reckless driving behaviors.
- Workplace accidents Injuries on construction sites, industrial accidents, etc.
- Defective products Unsafe or faulty equipment, dangerous drugs, or vehicles.
- Nursing home abuse Neglect, physical abuse, or inadequate care from nursing homes.
Any situation where someone’s negligence can cause the death of another person can be the grounds for a wrongful death claim.
Getting the Help You Need
Going through the grieving process and sorting through a wrongful death claim are both extremely challenging.
You don’t have to do it alone. A wrongful death attorney with experience in these types of claims can take the stress and emotional burden off your shoulders so you can focus on healing.
And here’s the best part…
Wrongful death attorneys work on contingency. This means you don’t pay legal fees unless your attorney wins your case.
Final Thoughts on Your Rights
Losing someone you love is one of the most devastating things that can happen to a person.
Losing that person because of someone else’s negligence is even more difficult to bear.
But you have rights. You have rights that were put in place to help families like yours so you don’t have to shoulder the full burden of another person’s carelessness. Understanding what those rights are and what you’re entitled to is the first step toward justice.
Don’t wait too long to pursue your legal options. Statutes of limitations are a real thing, and if you don’t file your claim in time, you lose the right to compensation and justice for your loved one’s death. A qualified wrongful death attorney can review the circumstances of your case and work on your behalf to fight for the compensation your family deserves.
