They say there are two certainties in life, and neither one is appealing. Paying taxes is an annoyance. Coping with the death of a loved one, however, can trigger a wide range of emotions, from grief and anguish to loneliness. When one or more acts of negligence take the life of a loved one, sadness often morphs into unbridled anger.
If a loved one dies because of another party’s carelessness, you have the right to file a civil lawsuit seeking monetary damages. While no amount of money can make up for the loss of a loved one, it can help cover expenses like medical bills and funeral costs.
In cases involving criminal intent, a wrongful death may also be prosecuted as a type of homicide, potentially leading to a guilty verdict. Regardless, you still have the right to file a civil lawsuit seeking just compensation for your loss. The burden of proof in a civil case is significantly lower than in a criminal case.
At Morgan & Morgan, we’ve helped many clients cope with the loss of a loved one by filing wrongful death lawsuits. If you believe a family member’s death was wrongful, scheduling a free case evaluation with one of our experienced attorneys is the first step. We’ll not only create a strategy to pursue justice but also provide the emotional support you need. It’s not just about dollars and cents—it’s about your well-being.
Who Is Eligible to File a Wrongful Death Lawsuit?
You have the right to file a wrongful death lawsuit if you lost a loved one due to another party's negligence. Each state has established rules outlining who qualifies to be a plaintiff in such cases. When you meet with one of our attorneys, we’ll determine if you are eligible to file a lawsuit under your state's guidelines.
Eligibility typically follows a succession of family members. First, if a spouse survives, they have the right to assume the role of the primary plaintiff. If the spouse is also deceased, state law dictates who succeeds the deceased spouse to become the primary plaintiff. In many states, this responsibility passes to children, and if there are no children, it may go to a designated sibling.
What Are the Common Types of Wrongful Death Cases?
Unfortunately, deaths caused by accidents or the recklessness of others are common in the United States. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries rank as the fourth leading cause of death in the country.
Dealing with the death of a loved one is life’s most difficult event. When the death is wrongful, it often brings a flood of hostile emotions. Understanding how the most common types of wrongful death cases unfold can help you prepare.
Car Accidents
Motor vehicle accidents result in tens of thousands of fatalities each year in the United States, many caused by the negligence of another party. Acts such as texting while driving or eating on the go can distract drivers, leading to fatal accidents.
Proving negligence in a car accident case often involves obtaining traffic camera footage and witness accounts. Reviewing the official police report can also help establish fault in an auto accident case.
Medical Malpractice
While most healthcare providers deliver high-quality care, human error remains a major issue. Factors like fatigue and overwhelmed staff can lead to serious mistakes, sometimes resulting in death. Misdiagnosing or failing to diagnose a medical condition are common forms of medical malpractice.
To build a strong case, your attorney will gather all relevant medical records and conduct a thorough investigation, which may include interviewing healthcare workers connected to the incident.
Defective Products
If a loved one died due to a defective product, the manufacturer may be held legally responsible. Common examples of defective products that lead to wrongful death include toxic foods, dangerous medications, faulty motor vehicles, and unsafe children’s toys.
Key factors in building a wrongful death case involving a defective product include determining if a warning label was present and investigating whether the manufacturer knew about the dangers but failed to warn consumers.
What Are the Elements of a Wrongful Death Case?
When filing a wrongful death lawsuit, three essential elements must be established:
- Negligence: We must demonstrate that carelessness, recklessness, or one or more acts of negligence led to the death of your loved one. Intentional or not, negligence can form the basis for a wrongful death lawsuit.
- Causation: Our legal team must prove that the defendant’s actions directly caused your loved one’s death. This requires compelling evidence, which may include expert testimony.
- Breach of Duty: We must show that the defendant failed in their duty of care, such as a healthcare provider neglecting their standard of care or a driver failing to obey traffic laws.
What Compensation Can Be Recovered in a Wrongful Death Case?
Wrongful death cases fall under personal injury law, with compensation divided into two broad categories: compensatory damages and punitive damages.
- Special Compensatory Damages (Economic): These cover financial losses such as medical bills incurred before death, funeral expenses, and lost income or benefits.
- General Compensatory Damages (Non-economic): These compensate for non-financial losses, such as emotional distress and mental anguish.
- Punitive Damages: Punitive damages penalize the defendant for their negligence and are typically awarded when the act of negligence was particularly egregious.
How Can a Wrongful Death Attorney Help?
Knowing what to do after a wrongful death starts with consulting a state-licensed attorney. Here’s how we can help:
- Conduct an Investigation: We’ll gather and organize the evidence needed to build your case, including witness interviews and police reports.
- Explain Your Rights: Laws governing wrongful death vary by state. During your free case evaluation, we’ll explain your legal rights and eligibility.
- Negotiate a Settlement: We’ll negotiate on your behalf to secure a fair settlement without needing to go to court, but we’re fully prepared to litigate if necessary.