There is no death more painful than losing someone you love. Families should not have to bury a loved one due to someone else’s negligence or intentional misconduct. While nothing will bring your loved one back, filing a wrongful death claim can help you hold negligent parties accountable for their actions and obtain compensation to help with future expenses. Going through a wrongful death lawsuit process can seem stressful and challenging during an emotional time. Having a basic understanding of what to expect can help you make more informed decisions about your legal rights.
Understanding the wrongful death process can help families make informed decisions during an incredibly difficult time.
What Is a Wrongful Death Claim?
Surviving family members can file a wrongful death claim against another party whose negligent, reckless, or intentional actions caused their loved one’s death. Common causes of wrongful death include:
- Auto accidents
- Medical malpractice
- Work accidents
- Defective products
- Neglect in nursing homes
- Slip and fall accidents
- Murders
- Suicides
The purpose of a wrongful death claim is to compensate surviving family members for the losses they have suffered due to their loved one’s passing.
Who Can File a Wrongful Death Lawsuit?
The deceased’s surviving family members can file a wrongful death lawsuit. The individuals who can file a lawsuit vary from state to state but commonly include:
- A surviving spouse
- The deceased’s children
- The parents of a deceased child
- The Executor of the deceased’s estate
State laws determine who can file a wrongful death claim. Each state has different wrongful death statutes that may limit who can recover compensation. An attorney can help you understand who can file a lawsuit on your behalf.
Establishing Liability in a Wrongful Death Case
In order to win most wrongful death lawsuits, you must prove that someone else was at fault for the death of your loved one. Establishing negligence typically requires you to prove four elements:
Duty of Care
Show that the person who caused your loved one’s death owed them a duty of care.
Breach of Duty
Prove that they breached that duty by acting negligently or failing to act.
Cause of Death
Prove that their breach caused your loved one’s death.
Losses
Prove that you suffered losses as a result of your loved one’s death.
The type of evidence necessary to prove liability will vary depending on the circumstances. Common forms of evidence include police reports, medical records, witness testimony, expert testimony, and financial documents.
Potential Sources of Compensation in a Wrongful Death Claim
The types of compensation available in a wrongful death lawsuit will vary. Every family deals with different losses and suffers different damages depending on their loved one’s relationship. Some of the more common types of compensation include:
Economic Damages
- Medical bills
- Funeral expenses
- Lost wages
- Loss of financial support
Non-Economic Damages
- Loss of companionship
- Loss of guidance and support
- Emotional suffering experienced by surviving family members
Your lawyer will help you understand what types of compensation you may be entitled to based on your relationship with your deceased loved one.
The Stages of a Wrongful Death Lawsuit
The prospect of dealing with a lawyer and engaging with the legal system can feel daunting when you’re grieving. While each case is different, most wrongful death lawsuits share similar steps:
Consultation
Once you retain a lawyer to handle your case, they will meet with you to go over the facts and determine if you have a case.
Investigation
Your attorney will investigate your claim by collecting evidence and building a case on your behalf. Part of this process may involve interviewing witnesses and consulting with different experts.
Filing the Claim
Your attorney will gather all of the necessary evidence to build your case.
Negotiation and Settlement
Many wrongful death claims are settled out of court. Your attorney will attempt to negotiate a fair settlement so that you can avoid going to trial.
Trial
If we are unable to negotiate a settlement that we believe compensates our client fairly, then we will take the case to trial and argue in front of a judge and jury.
Act Fast: Why You Shouldn’t Wait to Contact a Lawyer
Like any personal injury claim, there is a time limit on how long you have to file a wrongful death claim. This is known as the statute of limitations and it varies from state to state. You do not want to wait too long, or else you could lose your right to sue. Contacting a lawyer sooner rather than later can help ensure that all of the evidence is still available and that you file all of your paperwork on time.
Hiring a Wrongful Death Lawyer After the Loss of a Loved One
While monetary compensation can never replace your loved one, you have every right to seek justice from a party who negligently or intentionally caused the harm that resulted in their death. You may be wondering how you will be able to deal with filing a lawsuit on top of everything else you have to manage during your time of grief. A wrongful death attorney will guide you through every step of the process and fight for you and your family’s rights while you focus on spending time with your loved ones.
Contact the Salt Lake Legal office of Larsen, Larsen, Nash & Larsen for a free initial consultation today at (801) 964-1200. We have the experience necessary to help you receive the compensation for the loss of your loved one.
