Losing a loved one is an emotionally trying experience, and when that loss is a result of someone else’s carelessness, recklessness, or intentional injury, the legal repercussions become crucial. A wrongful death lawsuit seeks justice for such tragedies by holding those responsible accountable for the damage caused by their actions.
According to wrongful death attorney Brian Mitchell, car accidents are one of the most common causes of wrongful deaths. He added that if your loved one is tragically killed in an accident, you need to contact a skilled attorney immediately. But what qualifies a wrongful death suit?
As you move through the following discussion, you will discover the elements that constitute a wrongful death claim and the parties who have the right to seek justice.
Definition of Wrongful Death
A wrongful death occurs when someone dies as a result of someone else’s careless or malicious actions. It’s a legal term used to describe a death that could have been prevented if proper care had been taken.
An Inland Empire wrongful death attorney states that wrongful death can occur in various circumstances, such as medical malpractice, car accidents, workplace accidents, pedestrian and bicycle accidents, accidental poisoning or drowning, or even criminal acts.
When a wrongful death occurs, the surviving family members or beneficiaries may have the right to file a wrongful death lawsuit. This lawsuit seeks to hold the responsible party accountable for their actions and to seek compensation for the damages caused by the death.
Wrongful death laws vary from state to state, so you should consult a skilled attorney who specializes in wrongful death cases to understand the specific laws and requirements in your jurisdiction.
Elements of a Wrongful Death Lawsuit
To successfully pursue a wrongful death lawsuit, certain elements must be established to prove the negligence or intentional actions of the responsible party.
The first element that must be proven is that a person has died. This may seem obvious, but you should establish the death as the direct result of the defendant’s actions or negligence.
It must be proven that the defendant’s actions or negligence caused the death. This requires demonstrating a causal link between the defendant’s conduct and the fatal outcome. It isn’t enough to show that the defendant was negligent; it must be shown that this negligence directly led to the death.
It must be proven that the surviving family members have suffered damages as a result of the death. These damages can include financial losses, such as medical expenses and funeral costs, as well as emotional pain and suffering.
Types of Damages in a Wrongful Death Lawsuit
These different types of damages are meant to compensate the surviving family members for the losses they’ve suffered as a result of their loved one’s death.
Economic damages: These damages are meant to compensate the family members for the financial losses they’ve suffered as a result of their loved one’s death. Economic damages can include medical expenses, funeral and burial costs, loss of income and benefits, and loss of future financial support.
Non-economic damages: These damages are meant to compensate the family members for the emotional pain, suffering, and loss of companionship they’ve experienced due to their loved one’s death. Non-economic damages can be more difficult to quantify, as they’re subjective and vary from case to case.
In California, they don’t allow you to recover punitive damages, except in some cases where the decedent died due to a felony homicide for which the defendant received a criminal conviction.
Understanding the types of damages that may be awarded in a wrongful death lawsuit for the surviving family members allows them to have a better understanding of what they may be entitled to and helps them to seek justice for their loved one’s death.
Parties Eligible to File a Wrongful Death Lawsuit
When filing a wrongful death lawsuit, the eligible parties are those who have a legal relationship with the deceased individual. This means that if you’re a spouse, child, or parent of the deceased, you may be eligible to file a lawsuit on their behalf. The specific rules regarding eligibility can vary depending on the jurisdiction.
In addition to immediate family members, some states also allow other individuals to file a wrongful death lawsuit. For example, in some cases, a domestic partner or a financial dependent may be eligible to file a lawsuit. Some states may allow siblings or grandparents to bring a wrongful death claim under certain circumstances.
The eligibility to file a wrongful death lawsuit isn’t limited to individuals. In some cases, the estate of the deceased person may also have the right to file a lawsuit. This typically occurs when the deceased person doesn’t have any immediate family members or if their immediate family members choose not to file a lawsuit.
Time Limitations for Filing a Wrongful Death Lawsuit
These time limitations, also known as statutes of limitations, vary from state to state and can range from one to several years. Each jurisdiction has its own set of rules and regulations regarding the time frame within which a wrongful death lawsuit can be filed.
You should be aware of the specific time limitations in your jurisdiction as failure to file the lawsuit within the prescribed time frame may result in the case being dismissed. This means that you’d lose your right to seek compensation for the wrongful death of your loved one.
In some jurisdictions, the clock starts ticking from the date of death, while in others, it may start from the date when the cause of death was discovered. Some states have exceptions to the time limitations, such as when the wrongful death is caused by medical malpractice or if the victim was a minor.
Consult with an experienced wrongful death attorney who can guide you through the legal process and help you file the lawsuit within the required period. Time is of the essence when it comes to filing a wrongful death lawsuit, so it’s best to take action as soon as possible.
Conclusion
Now that you understand what qualifies as a wrongful death lawsuit, it involves a person’s death as a result of someone else’s carelessness or intentional action. To guarantee justice is served and accountability is held, you should consult with a legal professional if you believe you have a wrongful death case. A person who has been killed due to wrongful death deserves justice.