Losing a loved one is never easy, but losing them due to someone else’s negligence or wrongful actions can be devastating. When such an unfortunate event occurs, filing a wrongful death lawsuit might be the only way to hold the responsible party accountable and receive compensation for your loss.
However, navigating through the legal process of wrongful death cases can be overwhelming and confusing. That’s why we’ve compiled six useful pieces of information you should know before pursuing a wrongful death claim.
From who can file a lawsuit to how damages are calculated, this post will equip you with essential knowledge that will help you make informed decisions about your case. So let’s dive in!
1. What is a Wrongful Death Case?
When a death occurs due to the negligence or wrongful act of another, it is considered a wrongful death. The surviving family members may file a civil lawsuit to recover damages. This type of case is different from a criminal case in that the goal is to compensate the family for their losses, rather than punish the defendant.
Wrongful death cases can be filed when someone dies as a result of:
- a car accident
- medical malpractice
- workplace accidents
- exposure to hazardous materials
- violent crimes
The first step in filing a wrongful death case is to contact an experienced attorney. You will need to provide the attorney with information about the circumstances leading up to the death, as well as any evidence you have collected. The attorney will then investigate the case and determine whether or not you have a valid claim.
If your claim is valid, the next step will be to file a complaint with the court. The complaint will state your legal argument for why the defendant should be held liable for damages. Once the complaint is filed, the defendant will have an opportunity to respond.
The case will then go through discovery, during which each side will gather evidence and take depositions from witnesses. If settlement negotiations fail, the case will proceed to trial.
At trial, each side will present its argument and evidence before a judge or jury, who will then decide whether or not the defendant should be held liable for damages.
2. Who Can File a Wrongful Death Lawsuit?
If your loved one died because of someone else’s negligence, you may be wondering if you can file a wrongful death lawsuit. The answer depends on a few factors, including the relationship between you and the deceased person and the state in which you live.
In most states, only certain family members can file a wrongful death lawsuit. These typically include the:
- spouse
- child
- parents
In some states, however, more distant relatives may be able to sue as well. The state in which you live will also play a role in who can file a wrongful death lawsuit. Some states have what is known as “loss of consortium” laws. These laws allow spouses to sue for the loss of companionship and sexual relations due to their loved one’s death.
If you think you may have grounds for a wrongful death lawsuit, it’s important to speak with an experienced attorney who can help you understand your legal rights and options.
3. What Damages Can Be Recovered in a Wrongful Death Lawsuit?
When a death is caused by the carelessness or negligence of another person or entity, the surviving family members may be able to file a wrongful death lawsuit. In a wrongful death lawsuit, the survivors can seek compensation for damages such as:
- funeral and burial expenses
- loss of financial support from the deceased
- loss of companionship or consortium
- pain and suffering of the deceased before death
- punitive damages (in some cases)
4. How is Negligence Proven in a Wrongful Death Case?
To prove negligence in a wrongful death case, the following elements must be present:
- duty
- breach of duty
- causation
- damages
The plaintiff must show that the defendant owed a duty of care to the deceased victim, which was breached by some action or inaction on the part of the defendant. This breach must have directly caused the death of the victim, and as a result, the victim’s family suffered damages.
5. Should You Hire a Lawyer for a Wrongful Death Case?
If you have lost a loved one due to someone else’s negligence, you may be wondering if you should hire a lawyer for a wrongful death case. While you are not required to have an attorney, it is important to understand that these cases can be complex and challenging to navigate without legal assistance.
An experienced wrongful death attorney will be familiar with the laws in your state and can help ensure that your family receives the compensation you deserve. So it is best to take note that if you hire a lawyer, you should find out if they are local to that state. If you reside in Sevierville TN, then you should find a wrongful death lawyer in Sevierville TN, for example. These lawyers can help investigate the circumstances surrounding your loved one’s death and gather evidence to support your claim. If you are considering pursuing a wrongful death claim, you should contact an insured and licensed firm. Knowledgeable and compassionate local lawyers can provide you with the guidance and support you need during a difficult time.
6. What is the Statute of Limitations for Filing a Wrongful Death Lawsuit?
The statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that if you have lost a loved one due to the negligence or intentional actions of another person, you have two years from the date of their death to file a lawsuit against the responsible party.
If you try to file a wrongful death lawsuit after these two-year periods have passed, your case will likely be thrown out by the court. There are some exceptions to this rule, such as if the responsible party was out of state at the time of the death or if there was fraud involved in the death.
However, it is always best to speak with an experienced wrongful death attorney as soon as possible after your loved one’s death to ensure that your case is filed within the appropriate time frame.
Understand Wrongful Death Cases
Wrongful death cases are complex and emotionally charged. It is important to remember that a survival action may also be able to recover damages if the loved one wasn’t able to complete a personal injury lawsuit before their death.
If you have recently lost a loved one due to the negligence or wrongful acts of another, contact a wrongful death attorney to discuss your legal options.