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- Wrongful Death
Car Accident
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(877) 880-4090The devastation of unexpectedly losing a loved one can feel impossible to overcome. It’s even worse when the death was preventable, and another party is to blame for your loss. Fielding Law attorneys know we can’t give you the most important thing: the return of your loved one. We only hope we can do something to help you recover compensation for your losses.
A wrongful death lawsuit might provide you an avenue for pursuing damages if another party’s negligent or willful actions led to the incident that resulted in your loved one’s death. A wrongful death claim is similar to other personal injury cases, though you should understand a few nuances before you file. We review the critical components to help you determine whether you should contact an attorney for assistance with your case.
Wrongful deaths can be intentional or unintentional actions that result in fatal injuries. Though there were 200,955 unintentional deaths in 2020, not all would qualify as wrongful death cases. On the other hand, many — if not most — of the 24,576 homicides in 2020 would meet the definition of wrongful death.
Each state has its own definition. However, most include language describing it as death due to another individual’s negligence, willful acts or careless behavior. Wrongful death can arise out of numerous situations, but the following are typical examples:
Intentional homicide incidents also fall under the definition of wrongful death. In some instances, a wrongful death case may also be a criminal case, but whether it is doesn’t impact your right to file a wrongful death lawsuit.
We understand the need to seek justice after losing someone due to another’s actions, but you want to know if you can file and if your claim is valid.
States have strict guidelines about who can file a wrongful death lawsuit. People who have a close relationship with the deceased often feel they have a right to sue. However, many states — including Texas and Utah — don’t allow dating partners or even fiancés to pursue a legal claim for the wrongful death of a loved one. You must be married, a dependent biological or adopted child, the parent of a minor who died or a sibling.
Some states allow adult children to file a suit after a parent’s death and parents to file after the death of an adult child. A stepchild may have a right to recover damages if the individual is a minor and was financially dependent on the deceased at the time of death. In some cases, other blood relatives could file, especially if the deceased had no immediate family. An attorney in your state can determine if the law allows you to file a wrongful death lawsuit based on your relationship to the one you lost.
As with other personal injury cases, you must have evidence proving that another party’s actions led to your loved one’s fatal injury. While in some cases, such as those involving murder, the other party intentionally caused an individual’s death, in most instances, fault is an outcome of negligent behaviors or willful acts without an intent to harm.
Negligence is the basis for most traffic accident cases and premises or product liability claims. In a wrongful death lawsuit, the plaintiff carries the burden of proof. Proving negligence rests on the following:
If you can’t demonstrate any of the above factors, you won’t have sufficient cause to file a wrongful death claim.
When you file a wrongful death lawsuit, you can generally collect the same kind of damages your loved one would have been able to pursue had they survived. Economic damages include compensation for medical and therapeutic expenses, lost wages, lost future earnings and benefits, and funeral and burial or cremation expenses.
You can also pursue noneconomic damages. You may be able to claim for pain, suffering and emotional trauma your loved one experienced before they died. You can also file for damages for your own mental anguish, emotional trauma, loss of care and companionship and loss of consortium.
Some states allow for punitive damages in a wrongful death claim. However, this award is generally reserved for cases involving gross negligence and intentional harm. Punitive damages are a form of punishment for the defendant rather than compensation for the victim’s survivor’s losses.
A wrongful death attorney can assess your case to determine its merits. If your case qualifies as a wrongful death claim, a lawyer supports you throughout the lawsuit process. Attorneys provide the following critical and beneficial services:
Though most lawsuits settle out of court, your lawyer would represent you in the courtroom if the defense does not agree to a satisfactory settlement.
In all personal injury cases involving negligence, state comparative negligence laws impact the outcome of your case. These laws direct the courts to consider the deceased’s contribution to the incident that led to the individual’s death. Most states follow either pure comparative negligence or modified comparative negligence law.
Pure comparative fault states allow you to recover damages even if your loved one’s actions contributed to the accident. However, your compensation would be reduced by the same percentage of fault assigned to your loved one. Even if your loved one were 75% at fault, you would still receive 25% of the awarded damages.
Modified comparative negligence states such as Utah, Texas and Wyoming allow you to collect damages if your loved one’s actions contributed to the incident. However, states that follow this law have a “fault bar,” or a threshold for fault, beyond which the plaintiff cannot recover damages. If you live in a modified comparative fault state, your loved one must be less than 50% or 51% at fault (depending on the state) to collect compensation.
No matter where you reside, you have a deadline for filing a wrongful death lawsuit. This deadline is known as the statute of limitations and is a rigid legal time limit. In most states, the statute of limitations for a wrongful death lawsuit is two years from when your loved one died. You don’t want to miss this deadline and lose your opportunity to seek justice through a civil claim.
If you lose a loved one due to another party’s willful act or negligence, Fielding Law is here to guide you in pursuing justice. We serve Utah, Texas and Wyoming residents. We know how traumatic and devastating it is to lose a loved one, and we understand how the legal system works in these cases. Our lawyers support you throughout a wrongful death lawsuit, and we don’t charge any fees unless we win. Let us help you through these challenging times; contact us today for a free case review.