Accident victims can pursue a personal injury claim and get compensation for their losses. Unfortunately, some accidents turn fatal. In such tragic circumstances, the surviving family members can make a wrongful death claim to recover compensation from the person or entity at fault.
Filing a wrongful death lawsuit after losing a loved one in an accident can be an emotionally-draining, frightening experience that raises several questions. A reputable and reliable law firm with top lawyers, such as ATLInjuryLawGroup.com wrongful death attorneys, can help you make sense of your unfortunate situation and win a wrongful death lawsuit.
What Is Wrongful Death?
Wrongful death happens when a person or entity fails to fulfill their legal duty and causes death. When this happens, the surviving family members or representatives from the deceased person's estate can file a wrongful death lawsuit.
In a wrongful death lawsuit, the plaintiff must prove the following:
A person or entity committed an intentional wrongful act or behaved negligently
Their actions or inactions were the direct cause of the death
There are significant damages associated with the death
Is Wrongful Death Criminal or Civil?
Wrongful death claims are considered civil lawsuits filed against a person or company. The purpose is to get financial compensation for losing a loved one and their income. But in many cases, death cases may call for criminal charges such as murder, homicide, or manslaughter. You should consult with your attorney to explore the options and get the fair compensation you deserve.
Types of Wrongful Death Cases
Several situations may result in wrongful death cases. Some of the most common examples of negligence or intentional wrongdoing causing death include:
Intentional Acts: You can pursue a wrongful death case after an intentional act, such as assault or battery, that results in death.
Negligence: If someone negligently caused harm that resulted in death, you can file a wrongful death claim based on negligence. Examples of wrongful death cases due to negligence include defective products, car accident cases, failure to warn, construction accidents, slip and fall cases, dog bites, and animal attacks.
Medical Malpractice: If a doctor or care provider fails to meet their professional standard of care and causes death to your loved one, you can file a wrongful death lawsuit.
Who Can Sue for Wrongful Death
Since the dead cannot seek justice for themselves, those who can make a wrongful death claim include:
Parents or children
Surviving spouses
Other immediate family members
Personal representatives of the deceased person's estate
Note that the specific details for who can make wrongful death claims will depend on the state where the fatal incident happened. Always consult your attorney for any specific requirements.
Who Can Be Sued for Wrongful Death?
Almost any person or entity can be sued if they are responsible for wrongful death. Some common examples of people who can be sued for wrongful death include:
Drivers at fault for collisions
Individuals or companies who provide alcohol to impaired drivers who ultimately cause fatal accidents
Companies that manufacture or design defective products
Companies that fail to warn users about the risks of their products
Government agencies that fail to provide warnings about dangerous road hazards
Designers or builders of faulty roadways
Medical professionals who commit malpractice
How to File a Wrongful Death Lawsuit
If you believe your loved one died due to an intentional act or negligence of an individual or entity, speak with an experienced attorney about filing a wrongful death lawsuit. You should file a wrongful death lawsuit in a court with jurisdiction over the case. This means pursuing a claim where the death occurred.
Sometimes you may need to negotiate a settlement with the person or company responsible for the death or the insurance company representing them. If you cannot reach a fair settlement agreement, your attorney can help you pursue your case in court. But if you agree to settle, you will receive a payment and give up any future claims.
How Long Does a Wrongful Death Settlement Take?
How long it takes to settle a wrongful death case can vary widely. Some cases may settle in a few months, while others can take several years. It largely depends on how long it takes to thoroughly investigate the case and collect adequate evidence.
Wrongful death settlements also involve intense negotiation. The insurance company may offer you a specific sum, but your attorney may believe you deserve more. This process might take time to discuss and work through, prolonging the time to come to an agreement.
Wrongful Death Settlements & Compensation
The amount of compensation for wrongful death can vary widely depending on many factors, including the magnitude of the loss. Each case is unique, and the best way to estimate compensation is to understand the damages you should be compensated for. A successful wrongful death lawsuit should compensate the plaintiff for the following:
Medical bills incurred while the deceased was receiving treatments related to the accident
Loss of the deceased's lifetime income
Loss of companionship or consortium
Pain and suffering suffered by the deceased while alive
Loss of any inheritance that the surviving family members would have otherwise received
Loss of services the deceased provided
Funeral costs
Working With an Attorney for a Wrongful Death Lawsuit
If you or your family is suing for a wrongful death lawsuit, working with an experienced attorney is best. These cases often arise after serious accidents that cost the life of your loved one. While the monetary compensation may not replace the emotional damage and trauma you had to go through, it can help make your life worthwhile. Hiring an experienced attorney can help you navigate the legal system and safeguard your rights.
