How Does a Wrongful Death Claim Work?

According to the Centers for Disease Control, 200,955 people died in accidents in 2020, and another 24,576 were homicide victims. Additionally, an estimated 22,165 preventable hospital deaths occur annually. In a wrongful death claim, the injured parties die after sustaining physical harm. Loved ones who are left behind can suffer incalculable emotional trauma and financial devastation.

If you lost a loved one due to another’s willful or negligent actions, you might be able to file a wrongful death claim. At Fielding Law, we understand that no amount of money will ease the pain you suffer from your loss, but we want you to know that you may have the option to seek damages in a wrongful death claim.

What Is a Wrongful Death Claim?

A wrongful death claim is a particular type of personal injury lawsuit. It works like other personal injury lawsuits, except that another individual represents the injured party in the suit. Generally, a wrongful death occurs due to another’s willful or negligent actions, with or without intent.

Wrongful deaths occur in many types of situations. Some of the more common ones include the following:

Homicides are another type of wrongful death case. These cases may also involve criminal proceedings, but civil and criminal cases are generally not dependent on one another for their outcome, and a criminal trial does not preclude the right to file a civil claim.

Who Can File a Wrongful Death Lawsuit?

Your relationship with your loved one determines whether you can file a wrongful death lawsuit. A surviving spouse is eligible, as are adult children, parents and siblings. Other blood relatives may be able to file a claim, depending on the state’s laws on inheritance and wrongful death claims. Fiancés, dating partners and friends are not eligible to pursue a lawsuit to recover damages from losing their loved one, even if they are identified as heirs in a will.

An individual representing the deceased’s estate can also bring a wrongful death lawsuit against the negligent party. If an heir is a minor, the child’s representative can file a claim on the minor’s behalf. In most states, the courts only allow one wrongful death claim against the negligent party. If more than one family member files a lawsuit, the court will usually fold them all into a single case.

What Do You Need To Prove in a Wrongful Death Legal Claim?

When you bring a civil case against the party whose actions resulted in your loved one’s death, you must demonstrate that the other’s willful or negligent behaviors were responsible for your loss. A deliberate act does not necessarily mean there was an intent to harm but that the individual knew or should have known that the person’s actions had the potential to cause harm. A person who drives while intoxicated could be said to engage in a willful act that leads to an accident that kills another.

In most wrongful death cases, the victim experiences an accident due to willful or negligent actions. If you file a lawsuit, you are the plaintiff, and it is incumbent upon you to prove that the other individual was responsible for your loss. You must establish the following four elements to prove fault:

Duty: The other person owed your loved one a duty of care, meaning that they had a responsibility to take reasonable care in protecting the safety of others.
Failure of duty: The individual’s actions did not uphold their duty of care.
Causation: Those willful or negligent actions directly or indirectly led to the incident that caused your loved one’s death.
Injury: Your loved one sustained a fatal injury in the incident.

These four aspects of negligence are the exact requirements for proving fault in personal injury cases that the victims themselves file. If someone sustains injuries in a car crash and survives, that person must prove negligence to win a personal injury legal claim. In some homicide cases, the defendant’s behavior may also demonstrate an intent to harm.

What Damages Can You Pursue in a Wrongful Death Suit?

You may be entitled to insurance benefits depending on what caused your loved one’s death. If you lost someone in a car or slip-and-fall accident, the at-fault individual might have insurance coverage that pays out a death benefit. However, the monetary amount provided is not likely to reflect the actual impacts of your loss.

A wrongful death lawsuit allows you to pursue economic and noneconomic damages. In some instances, you may also have the option to seek punitive damages. Every state establishes its wrongful death compensation laws. A personal injury lawyer can help you understand what damages are available in your state. If you live in Utah, Texas or Wyoming, a Fielding Law wrongful death lawyer will review your case and help you understand what damages you can seek.

Economic Damages

If you file a wrongful death lawsuit, you can seek compensation for financial losses that result from your loved one’s death. These can include expenses already accrued and future economic losses, such as medical expenses, funeral costs, lost wages, future income and inheritance losses.

Noneconomic Damages

Noneconomic damages are less tangible but no less valid. Noneconomic damages offer monetary compensation for emotional, support and relationship losses you suffer, which may include the following:

The services your loved one would have provided you
The care, nurturing and guidance you would have received from your loved one
Your loss of relationship and consortium
Your emotional trauma

A wrongful death attorney knows how to calculate noneconomic losses in a wrongful death claim. Some states set caps on noneconomic damage awards.

Punitive Damages

Punitive damages are an additional compensatory award in a wrongful death claim, and they’re intended as a punishment for the defendant. Not every state allows plaintiffs to recover punitive damages, and many set caps on what you can pursue. An attorney can tell you if your case may qualify for a punitive damages award and help you determine how much to pursue.

Do States’ Comparative Negligence Laws Apply in Wrongful Death Lawsuits?

In most states, your loved one’s actions can impact how much you can recover in a wrongful death lawsuit. If the individual was partially liable for the accident, most states would diminish compensation by that person’s percentage of fault. In states adhering to a modified comparative negligence law, if your loved one’s contribution was 50% or 51% or more, you won’t recover damages, making it even more important to seek an attorney’s assistance.

How Long Do You Have To File a Wrongful Death Claim?

All states establish a deadline for filing legal cases. In most states, the statute of limitations for a wrongful death claim is two years after the individual dies. If you don’t file in time, you lose your right to pursue a wrongful death lawsuit.

What Kind of Lawyer Can Help With a Wrongful Death Claim?

A personal injury lawyer with experience handling wrongful death cases can help you with your claim. Fielding Law’s wrongful death lawyers have the experience and legal knowledge you need on your side to pursue compensation for the untimely death of your loved one due to another’s negligent or willful actions. You receive personal attention from our lawyers, and we won’t charge any fees unless we win your case. Contact us today to receive a free case review.

What type of injury have you suffered?