Losing a loved one is one of the most painful experiences anyone can go through. It becomes even more devastating when the loss is caused by the negligent or intentional actions of another person or party. If you’ve lost a family member due to an accident or harmful act, you may be wondering what steps to take next. One option that can offer a measure of justice and financial relief is filing a wrongful death lawsuit. Knowing what this type of legal action involves can help you navigate the complexities of the process. So, what exactly is a wrongful death lawsuit, and how do you pursue one?
In this article, we’ll answer the question “What is a wrongful death suit?” We explain who is eligible to file, what types of damages may be awarded, and the steps involved in pursuing legal action. This information is designed to help guide you through what is often a complicated and emotionally taxing process.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim filed by the surviving family members or representatives of a deceased person. It is brought against the party or parties responsible for the death, typically due to negligence or wrongful conduct. The goal of the lawsuit is to hold the responsible party accountable and seek financial compensation for the survivors’ losses.
Unlike a criminal case, which aims to punish the offender, a wrongful death lawsuit is a civil action that provides financial damages to those affected by the death. A wrongful death claim can arise from a variety of situations, such as car accidents, medical malpractice, workplace accidents, and even acts of violence.
Who Can File a Wrongful Death Lawsuit?
State laws govern who has the legal right to file a wrongful death lawsuit, and eligibility often depends on the surviving family members’ relationship to the deceased. In general, the following individuals may be eligible:
- Spouse: A surviving spouse is usually the first person eligible to file a wrongful death claim.
- Children: In many states, children of the deceased, whether they are minors or adults, can file a claim.
- Parents: If the deceased was unmarried and had no children, the parents may have the right to file.
- Siblings: In some states, siblings of the deceased may be able to file, particularly if there are no surviving spouse, children, or parents.
- Personal Representative of the Estate: If the deceased did not have surviving family members or if no one can file on their behalf, a personal representative of the deceased’s estate can file the lawsuit.
The eligibility rules vary by state, and some states have specific statutes that allow for extended family members or other individuals to file. A wrongful death lawyer can help determine who is eligible based on local laws.
Types of Wrongful Death Cases
Wrongful death lawsuits can arise from many different scenarios, but they all have one thing in common: the death of the victim was caused by someone else’s actions. Some of the most common types of wrongful death cases include:
- Motor Vehicle Accidents: With the rise of vehicle acccidents, many wrongful death lawsuits stem from fatal car accidents, truck crashes, or motorcycle accidents. If the death was caused by the negligence of another driver (such as speeding, driving under the influence, or distracted driving), survivors may be able to file a wrongful death claim.
- Medical Malpractice: When a doctor, nurse, or other healthcare professional makes a mistake that leads to death, this may constitute medical malpractice. Wrongful death lawsuits can be filed if the deceased’s death resulted from a preventable medical error or improper care.
- Workplace Accidents: Employers are responsible for maintaining a safe work environment. If a fatal accident occurs at work due to employer negligence or a failure to follow safety regulations, family members may be entitled to file a wrongful death lawsuit.
- Defective Products: In some cases, defective products can lead to fatal injuries. For instance, a vehicle’s malfunctioning airbag or a faulty medical device may be responsible for a loved one’s death.
- Criminal Acts: In the case of fatal violence, such as homicide or assault, a wrongful death lawsuit can be filed separately from any criminal charges. Even if the defendant is found not guilty in a criminal trial, the family may still recover damages through a civil lawsuit.
Damages in a Wrongful Death Lawsuit
The damages awarded in a wrongful death lawsuit are meant to compensate the surviving family members for their loss. These damages can include both economic and non-economic losses:
- Economic Damages: These are measurable financial losses resulting from the death. Economic damages may include:
- Lost wages: If the deceased was the primary breadwinner, the survivors may be entitled to compensation for lost future earnings.
- Medical expenses: If the deceased incurred medical bills before passing, these costs may be reimbursed as part of the claim.
- Funeral and burial expenses: The family may be entitled to compensation for funeral and burial costs, which can be substantial.
- Loss of services: If the deceased provided certain services, such as child care or household maintenance, the family may receive compensation for the loss of these services.
- Non-Economic Damages: These damages address the emotional and psychological impact of the death. Non-economic damages may include:
- Loss of companionship: Family members, particularly spouses and children, may receive compensation for the loss of their loved one’s companionship, affection, and moral support.
- Emotional distress: Survivors may be compensated for the emotional pain and suffering caused by the loss of a loved one.
- Loss of consortium: This applies primarily to surviving spouses, who may be entitled to compensation for the loss of the sexual and emotional relationship they shared with the deceased.
In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are not meant to compensate the survivors but to punish the defendant for particularly egregious behavior, such as gross negligence or intentional harm.
The Process of Filing a Wrongful Death Lawsuit
Filing a wrongful death lawsuit typically involves several steps, each of which requires careful attention. While the process may vary slightly by jurisdiction, the general steps include:
- Consult a Wrongful Death Lawyer: The first step is to consult with an experienced wrongful death attorney. A lawyer can help assess the case, explain the legal process, and advise on the best course of action. In many cases, the lawyer will offer a free initial consultation.
- Investigate the Case: After hiring a lawyer, the next step is to gather evidence to support the claim. This may involve interviewing witnesses, reviewing medical records, gathering police reports, and working with experts to establish the cause of death and liability.
- File the Lawsuit: Once the case is prepared, the lawyer will file the lawsuit in the appropriate court. This involves submitting a complaint, outlining the allegations against the defendant, and specifying the damages being sought.
- Discovery and Negotiation: After the lawsuit is filed, both parties will engage in discovery, where they exchange evidence and information. This is also the stage where settlement negotiations may occur. In many cases, the defendant may offer a settlement to avoid going to trial.
- Trial: If the case is not settled, it will proceed to trial. At trial, both sides will present their arguments, and the jury will determine liability and damages. If the jury finds in favor of the plaintiff, they will award damages to the surviving family members.
- Appeal: If the case goes to trial and a verdict is reached, either party may choose to appeal the decision if they believe there was an error in the trial. Appeals can prolong the process significantly.
Time Limits for Filing a Wrongful Death Lawsuit
Each state has a statute of limitations that sets the maximum amount of time survivors have to file a wrongful death lawsuit. In most states, the statute of limitations for filing a wrongful death claim is between one and three years from the date of death. It’s important to act quickly, as failing to file within the legal time frame can result in the case being dismissed.
Need Help? Our Lawyers At Tate Accident Law Are Here To Provide Support and Expertise
A wrongful death lawsuit can help grieving family members hold the responsible party accountable for their actions while providing financial relief to offset the losses suffered. While the process can be lengthy and complicated, an experienced wrongful death attorney can guide you through each step, from investigation to settlement or trial.
If you’ve lost a loved one because of another person’s negligence or wrongful actions, reach out to Tate Accident Law for support and guidance. Trusted by clients all throughout Texas, our team of skilled attorneys will work tirelessly to help you pursue justice and secure the compensation your family deserves.
Contact Tate Accident Law today for a free consultation and get the support you need during this difficult time.
