Understanding Wrongful Death Claims: Who Can File And What Damages Are Available

Losing a family member is painful under any circumstances. When that loss results from someone else’s negligence or wrongful act, the grief carries an added burden of injustice. Wrongful death laws exist to provide families with legal recourse and financial compensation when preventable actions lead to a loved one’s death.

Our friends at The Law Office of Jeffrey Weiskopf discuss how wrongful death cases differ significantly from criminal prosecutions. A wrongful death lawyer can help surviving family members understand their rights and pursue compensation for their losses while they focus on healing.

What Constitutes Wrongful Death

Wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional conduct. The key element is that the deceased person would have had grounds for a personal injury lawsuit had they survived. Because they cannot bring that claim themselves, the law allows certain family members to pursue it on their behalf.

Common scenarios leading to wrongful death claims include:

• Motor vehicle accidents caused by drunk, distracted, or reckless drivers
• Medical malpractice, including surgical errors and misdiagnosis
• Workplace accidents, particularly in construction or manufacturing
• Defective products that cause fatal injuries
• Nursing home abuse and neglect
• Premises liability incidents, such as slip and falls or inadequate security

According to the Centers for Disease Control, unintentional injuries are the fourth leading cause of death in the United States. Many of these deaths result from preventable negligence.

Who Can File A Wrongful Death Claim

State law determines who has standing to bring a wrongful death lawsuit. Most states limit this right to immediate family members. Typically, a surviving spouse has first priority. If there is no spouse, adult children can file. When no spouse or children exist, parents of the deceased may have standing.

Some states allow a broader range of family members to file. Domestic partners, financial dependents, or even distant relatives who can prove dependency sometimes qualify. A few states require the personal representative of the estate to file on behalf of all beneficiaries.

The specific rules vary considerably by jurisdiction. Understanding who can file in your state prevents procedural mistakes that could derail your case.

Types Of Compensable Damages

Wrongful death claims seek to compensate survivors for both economic and non-economic losses. The goal is making the family as whole as possible given the circumstances, though no amount of money can truly replace a loved one.

Economic Damages

These include quantifiable financial losses:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost income and benefits the deceased would have provided
• Loss of inheritance the family would have received
• Value of household services the deceased performed

Calculating future lost income requires analysis of the deceased person’s earning capacity, work-life expectancy, and potential career advancement. We often work with economists and vocational specialists to establish these figures.

Non-Economic Damages

These compensate for intangible losses:

• Loss of companionship, comfort, and emotional support
• Loss of parental guidance for children
• Mental anguish and emotional distress
• Loss of consortium for spouses

Some states cap non-economic damages in wrongful death cases. Others allow juries to award whatever amount they deem appropriate based on the evidence presented.

Punitive Damages In Wrongful Death Cases

When a defendant’s conduct was particularly egregious, punitive damages may be available. These serve to punish the wrongdoer and deter similar behavior by others. Drunk driving deaths, intentional acts, and gross negligence cases sometimes warrant punitive awards.

Not all states permit punitive damages in wrongful death actions. Those that do often require clear and convincing evidence of willful misconduct or conscious disregard for safety.

Statute Of Limitations Concerns

Every state imposes deadlines for filing wrongful death lawsuits. These statutes of limitation typically range from one to three years from the date of death. Missing the deadline usually means losing the right to pursue compensation entirely.

Some circumstances can extend or toll the statute of limitations. Discovery of the wrongful act after the death, fraudulent concealment by the defendant, or minority of potential plaintiffs can affect timing. However, relying on these exceptions is risky. Filing promptly protects your rights.

The Burden Of Proof

Wrongful death cases are civil actions, not criminal prosecutions. This means you must prove your case by a preponderance of the evidence, not beyond a reasonable doubt. Essentially, you need to show that it’s more likely than not that the defendant’s actions caused your loved one’s death.

This lower burden makes it possible to win a wrongful death case even when criminal charges were never filed or resulted in acquittal. The O.J. Simpson case famously illustrated this principle when the civil wrongful death lawsuit succeeded despite the criminal acquittal.

Building A Strong Case

Evidence matters tremendously in wrongful death litigation. Police reports, medical records, witness statements, and scene photographs all help establish liability. We preserve this evidence quickly because it can disappear over time.

Testimony sometimes comes from accident reconstruction specialists, medical professionals, or other authorities who can explain technical aspects of the case. Their opinions help juries understand how the death occurred and who bears responsibility.

Settlement Vs. Trial

Most wrongful death cases settle before trial. Insurance companies and defendants often prefer avoiding the uncertainty and expense of jury trials. Settlements also provide faster resolution and guaranteed compensation.

However, settlement offers don’t always reflect the full value of a case. We evaluate each offer carefully against the potential trial outcome. Sometimes going to trial is necessary to achieve fair compensation.

Moving Forward

The period following a loved one’s wrongful death involves overwhelming grief and difficult decisions. Legal claims may seem secondary to your emotional needs, but protecting your family’s financial future matters. Wrongful death compensation can cover immediate expenses and provide long-term security for those who depended on your loved one.

If you’ve lost a family member due to someone else’s negligence or wrongful conduct, we can help you understand your legal options and what compensation may be available. Reach out to our firm to discuss your situation and learn how we can assist your family during this difficult time.