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Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090The legal definition of wrongful death is a person’s wrongful, negligent or willful act, omission or default that causes the death of another.
However, the emotional, psychological and financial impact of wrongful death goes much deeper for the family. It is hard to fit a loved one’s loss into a simple legal definition.
The unexpectedness of a relative’s wrongful death can add to the family’s pain. While you might never be ready to lose a family member, having someone’s negligence take them away so quickly can leave you feeling completely unprepared.
The plaintiff of a wrongful death claim must prove the case exists. There are elements to fulfill for this to happen:
Many states require a personal representative of the person’s estate to file the suit.
Accidents and unintentional injuries were the fourth-leading cause of death in the U.S. in 2020. They killed more than 200,000 people that year.
Many circumstances can lead to wrongful death. Some are more common than others.
Error or negligence can lead to a collision between vehicles. A driver can also be negligent and hit pedestrians or cyclists.
Someone committing a crime can cause another person harm or death.
A person can die due to a faulty product. Some examples are infant toys and sleepers, defects in car accessories, and electronic equipment.
A person can become severely injured or die due to a medical provider’s error or negligence.
These types of accidents happen when a property owner fails to take care of a hazard or warn others about it.
You are left to pick up the pieces when you lose a loved one due to negligence or error. You may have to pay for medical bills and funeral expenses. If you depended on your loved one for financial support, you must go on without their income. Living without the companionship of your family member is another tragedy a wrongful death can cause.
No amount of money can ever replace your loved one. However, monetary damages are usually the remedy available when you lose a family member to negligence. Recovering these damages can protect you from the burden of financial loss. Every state has wrongful death laws to countermeasure the emotional and financial damages you suffer.
The people who suffer damage from a person’s wrongful death can file a claim. The legal term for these parties is “real parties in interest.”
States have different laws regarding who can be part of the “real party in interest.” In many states, the executor of the decedent’s estate is the representative who may file a wrongful death claim.
Some states allow anyone who suffers financial losses from a wrongful death to file a claim, even if unrelated to the victim.
Spouses, children, and parents of unmarried children can bring wrongful death lawsuits in all states.
Some states allow domestic or life partners and putative spouses (someone who believed in good faith they were married to the deceased) to bring wrongful death action.
The court permits extended family members to file wrongful death lawsuits in some states.
In many cases, brothers and sisters can bring a wrongful death claim if their sibling died due to someone else’s error or negligence. However, it depends on state law. Siblings must check on the rules in the decedent’s state of residence to determine whether they have a right to pursue a claim.
The laws may provide a hierarchy of people who can file a wrongful death lawsuit. It may begin with the decedent’s personal representative filing on behalf of the surviving spouse. If the decedent has no surviving spouse, the hierarchy may pass to children, parents and siblings.
Some states do not stipulate a hierarchy. Others list siblings as secondary beneficiaries who may file a suit on behalf of the estate while surviving spouses, children and parents file on behalf of themselves.
Because the laws vary between states, navigating them can be complex. A wrongful death attorney can help determine whether you can bring forth a claim for your sibling.
No two wrongful death cases are the same. However, damages generally fall into two categories: economic and non-economic.
The court can measure some damages. They may include medical bills, funeral expenses, and wages the decedent lost after the incident and before death. They can also include compensation the victim could have received if he or she had survived.
Some of the factors affecting the amount of damages are:
A wrongful death can cause suffering, emotional trauma, and loss of lifetime companionship for the survivors. While no financial compensation can bring back a loved one or lessen the survivors’ pain, it is a way for the court to acknowledge the harm done.
Compensating the family only for the decedent’s ability to make money leaves out some of the bigger picture. A loved one is more than a wage earner to the family; non-economic compensation allows survivors a way to balance the scales.
In rare cases, the court awards punitive damages to chastise the person who caused the victim’s death. These damages have the purpose of punishing negligent or willful acts that are especially abhorrent.
It can be difficult to face the aftermath of a wrongful death. However, in most cases, you have a time limit to bring forth a claim. If you do not take action within the allowed time frame, the courts will most likely dismiss the request, and you won’t be able to pursue it.
Each state has a statute of limitations for wrongful death lawsuits. In most states, it is two or three years; however, other states have shorter or longer statutes of limitations. The time limits may align with that of other personal injury claims.
Some exceptions apply to the time limit for bringing forth a wrongful death case. If the suit is against a government agency, the time frame may be as short as 30 days, or the agency may have immunity.
Another exception exists for minors who cannot bring forth a lawsuit before the age of 18.
Wrongful death laws vary widely among states. You already have a lot to deal with after losing a sibling to error or negligence — if you want help sorting out your legal possibilities, call Fielding Law. We offer free case evaluations. It costs you nothing to find out how we can help you. Complete our online contact form or call us today.