Losing a loved one in an accident is devastating. You may not know what to do or where to turn. Not every accident or incident that causes a death means legal action is warranted. Surviving family members cannot seek damages for a loved one’s death from an accident if negligence wasn’t involved.
However, if someone’s negligence caused the death, you can have a wrongful death claim. Below, learn what wrongful death is, and speak to a Houston wrongful death attorney if you have questions about a claim.
What Is Wrongful Death?
Wrongful death means that someone’s negligence or misconduct led to a person’s death. The law states that the following elements must be present for a successful wrongful death claim:
- Negligence: The family member must prove that the deceased’s death was because of the defendant’s careless or reckless actions.
- Causation: The family member must show that the defendant’s negligence or misbehavior caused the person’s death.
- Breach of duty of care: The surviving family must show that the defendant breached the duty of care they owed the victim. Duty of care means the legal obligation a person or entity has to avoid engaging in behaviors that can injure others.
Common examples of wrongful death are:
Auto Accidents
Auto accidents are the most common cause of wrongful death lawsuits. There were 42,514 motor vehicle accident deaths in the US in a recent year. And within a few year period the motor vehicle death rate rose by 6.5 percent, and the population death rate rose by 16 percent. A large percentage of fatal auto accidents annually are caused by another person’s negligence.
Nursing Home Abuse And Neglect
The staff or management of a nursing home can be liable for a wrongful death if they do not adequately monitor, care for, and provide medical attention to residents. There can also be a wrongful death claim if a staff member abuses a resident and causes their death.
Medical Malpractice
A wrongful death can occur because of a doctor’s misdiagnosis, drug error, surgical mistake, or birth injury. These cases are complex and should always be overseen by a qualified medical malpractice attorney.
Workplace Accidents
The Bureau of Labor Statistics reports there were 610 fatal work-based injuries in a recent year. Transportation accidents were the most common, with 283 deaths. Common causes of wrongful death on the job include falling from height, slips and falls, falling objects, and machine accidents.
Premises Liability
Property owners are required to keep their premises safe for visitors and guests. However, many people die in premises liability claims every year. You can have a claim if the property owner violated their duty of care and their negligence caused your loved one’s death. Common premises liability claims involve slips and falls and inadequate security.
Defective Product
Sometimes, a defective product can cause someone’s death. You may have a wrongful death claim if you prove that the manufacturer or designer made a dangerous product.
Who Can File A Wrongful Death Claim?
Every state has laws stating who can file a wrongful death lawsuit. Check with your attorney to know if you can file a claim. Parties who can file a wrongful death claim in most states are:
- The surviving spouse
- Parents
- Children
- Adopted children
- The representative of the decedent’s estate
Most states have laws that offer exceptions to the statute of limitations for filing a wrongful death claim, such as for minors or physically incapacitated persons. This ensures that those who need additional time to file a wrongful death lawsuit can do so.
Who Can Be Sued For Wrongful Death?
You can sue almost anyone or any entity if their negligence or wrongful action caused your loved one’s death. Some examples include:
Drunk Or Distracted Drivers
Motor vehicle accidents are the underlying cause of many wrongful death claims. You can file a wrongful death claim against a drunk or distracted driver who kills your loved one. Unfortunately, it’s possible that the liable driver may not be criminally charged, but it depends on the case. For many DUI victims, obtaining compensation in a wrongful death lawsuit is a way to get justice and compensation.
Someone Accused Of Murder
You can file a wrongful death lawsuit if another person killed your loved one in an assault or deliberate action. Any civil action taken against the defendant is separate from any criminal case filed.
Physicians
If a patient dies because of a medical error, the liable doctor or medical facility can be sued for wrongful death. If the physician worked for the hospital, the medical facility can also be held liable for the death. The hospital’s job is to oversee its workers and manage the quality of care provided. However, if the doctor is an independent contractor, it’s possible that you can only sue the physician.
Property Owners
If your relative died because of a hazardous condition on another party’s property, you can sue the property owner or manager for wrongful death. You can sue the homeowner, retail store, public pool, apartment complex, parking lot, parking garage, nightclub, etc.
Employers
If your relative died on the job, you can file a wrongful death claim against an employer, but it depends on the case. Direct employers usually cannot be sued for personal injury or wrongful death, but a third-party company may be successfully sued. Talk to a wrongful death attorney to understand your legal options.
Another possible example of suing an employer is in a tractor-trailer accident. Most truckers work for a trucking company. The employer may be liable for a death if their driver was negligent by falling asleep, intoxication, or driving dangerously.
Potential Compensation In A Wrongful Death Claim
A wrongful death attorney can pursue financial damages on your behalf in the claim. Economic damages may include the medical expenses you incurred after the incident and in the hospital, funeral and burial costs, and the loss of income your loved one would have made if they had lived.
Non-economic damages are another vital part of most wrongful death claims but are more challenging to quantify. They may include the pain and suffering your relative had before death, as well as the loss of love, support, and companionship that you received from your loved one. You may also be entitled to compensation for the emotional anguish related to the death.
Steps In A Wrongful Death Claim
After losing your loved one suddenly, it’s vital to take the following actions promptly. Every state has a statute of limitations for filing a wrongful death claim; two years from the date of death is a standard deadline. Make sure you take action promptly so your right to seek damages is preserved:
Speak To A Wrongful Death Attorney
After your loved one dies, you should talk to a wrongful death attorney to learn if you have a case. The attorney will analyze the facts and determine if someone’s negligence or misconduct caused the death. If so, your attorney will pursue compensation from the liable insurance company.
The legal consultation is free. Your attorney is compensated after the case as a percentage of your settlement or jury award.
Collect Documents
Proving wrongful death means building a strong case with documents. You will need medical records, autopsy reports, accident reports, statements from witnesses, and any correspondence from the insurance company related to what happened.
Preserve Evidence
You should save any evidence of the incident, including photos and videos of the accident or accident scene, eyewitness statements, and any items involved.
Prove Case Facts
Work with your wrongful death lawyer to prove the facts of the case, such as identifying liable people and parties and detailing your medical bills, lost income, pain and suffering, and emotional anguish.
File The Wrongful Death Claim
Your attorney will promptly ensure that legal deadlines are met by filing the lawsuit. That’s why it’s essential to contact a wrongful death attorney quickly after the death. You should give your lawyer the maximum time to review and file the claim.
Negotiate Settlement Or Go To Trial
Your attorney will try to negotiate a fair settlement for your economic and non-economic damages. Most civil claims are resolved with a settlement, but your attorney will prepare the case for trial if the insurance company doesn’t offer a just settlement.
How Can A Wrongful Death Attorney Help You?
Dealing with the loss of your loved one is incredibly difficult. Nothing will ever replace the person you loved and depended on, but a wrongful death claim can provide the compensation you need to rebuild your life. A wrongful death attorney can help with your case in the following ways:
- Free consultation to learn if you have a viable case. Your case may qualify if it can be proven that another person’s negligence or wrongful act caused your loved one’s death.
- Collect statements from eyewitnesses to the accident that caused the death.
- Obtain and analyze the deceased’s medical records to determine the cause of death.
- Retain expert witnesses to build your case, such as accident reconstruction experts to prove how the incident happened and economists to estimate your loved one’s future earnings if they had lived an expected lifespan.
- Find every insurance policy that you can legally claim against.
- Investigate the liable party to highlight how they were negligent.
- Send a demand letter to the insurance company for a settlement based on your losses from the death.
- Negotiate with insurance companies to obtain the best settlement.
- Take the case to court in a lawsuit if a settlement is impossible.
A skilled wrongful death attorney can review the facts of the case and provide an approximate case value. Then, they can file a claim against the liable insurance company and, hopefully, negotiate a settlement. Settlements resolve most wrongful death cases, but the plaintiff and defendant sometimes cannot agree. A wrongful death lawyer can take the case to court if that occurs.
If you are mourning your loved one’s death because of someone’s negligence, you should not handle your case without a lawyer. Wrongful death claims are difficult to prove and may involve many liable parties and insurance policies. Contact a seasoned wrongful death lawyer today to ensure you receive the best settlement.
What Is A Wrongful Death Claim Worth?
You may want to know how much you can get in your claim. There isn’t an average wrongful death settlement; every case is different. The compensation you receive depends on multiple factors:
- The decedent’s income and earning potential: You should receive compensation for what your loved one would have earned if they had lived. A highly educated professional earning $250,000 annually would have a higher earning potential than a school teacher making $50,000 annually.
- The severity of negligence that caused the death: You can receive more money if, for example, an extremely intoxicated driver hit your loved one in an intersection and left them to die. Someone who is intoxicated far beyond the legal limit can face additional criminal and civil penalties.
- The emotional suffering of the family: You may receive more wrongful death compensation if the deceased had young children who will be severely affected by the loss.
- Insurance availability: Some wrongful death claims have lower compensation because a limited amount of insurance is available. For example, if a business has only $1 million in liability insurance and several people die in an accident, the grieving families may not be fully compensated for their losses.
A wrongful death attorney is the best source of accurate information about your potential case value.
Talk To A Wrongful Death Attorney Today
Did someone’s negligence lead to your loved one’s death? You’re devastated, and thinking about legal options might seem overwhelming. However, you should consider speaking to a wrongful death attorney to determine if you have a viable claim.
You can receive much-needed compensation for your lost income, burial and funeral costs, mental anguish, and more. Your wrongful death attorney will not charge for their legal services if you don’t win your claim, and there are no out-of-pocket legal expenses.