Wrongful Death Lawsuits: Laws, Legal Options, and Settlements

Losing a loved one is one of the most devastating experiences anyone can go through. When that death results from someone else's negligence or intentional actions, the grief can be compounded by feelings of anger and confusion. 

In these cases, a wrongful death lawsuit may provide families with a path toward justice, closure, and financial compensation for their loss. 

For over 35 years, Morgan & Morgan has stood by surviving families of wrongful death victims, fighting for what they need and deserve to move forward.

Below we will explore what constitutes a wrongful death, the laws surrounding wrongful death claims, the legal options available to grieving families, and the potential for settlements.

What Is Wrongful Death?

A wrongful death occurs when an individual dies as a result of someone else’s actions or negligence. While no amount of money can replace the life of a loved one, a wrongful death lawsuit may provide survivors with compensation to help cover funeral expenses, lost income, medical bills, and emotional distress. Wrongful death claims can arise from a variety of situations, including but not limited to:

• Car accidents: A fatal car crash caused by another driver’s recklessness, such as driving under the influence or distracted driving, can lead to a wrongful death claim.
• Medical malpractice: If a healthcare professional’s negligence causes a patient's death, it may result in a wrongful death lawsuit.
• Workplace accidents: Fatal accidents at the workplace due to unsafe conditions or employer negligence can also be grounds for a wrongful death lawsuit.
• Criminal acts: Homicides, assaults, and other violent crimes that result in death can lead to both criminal prosecution and a wrongful death claim.
• Defective products: If a defective product leads to someone's death, such as a car with faulty airbags or a dangerous drug, survivors can file a wrongful death lawsuit against the manufacturer.
• Premises liability: If an individual dies due to unsafe conditions on someone’s property (like slipping on an unmarked wet floor or being exposed to toxic substances), a wrongful death suit could be filed.

In every wrongful death claim, the death must be directly linked to the actions or inactions of another party. Survivors, such as spouses, children, or parents, can pursue legal action on behalf of the deceased individual.

Wrongful Death Laws: Who Can File and What Must Be Proven?

Each state in the U.S. has its own wrongful death statutes, but there are several commonalities across the laws. The general purpose of these laws is to allow surviving family members to seek compensation for the harm caused by the untimely death of a loved one.

Who Can File a Wrongful Death Lawsuit?

Only certain individuals are entitled to file a wrongful death claim. These include:

• Spouse: The surviving spouse of the deceased often has the right to file a lawsuit for wrongful death. If there is no surviving spouse, other family members may have standing.
• Children: Biological and adopted children of the deceased can file a wrongful death lawsuit. In some cases, even stepchildren may be eligible.
• Parents: If the deceased was unmarried and had no children, the parents of the deceased may file a lawsuit.
• Other dependents: In some jurisdictions, individuals who were financially dependent on the deceased, such as siblings or grandparents, may be allowed to file a claim.

The specific eligibility requirements vary by state, and in some cases, an executor of the deceased person’s estate can file the lawsuit on behalf of the survivors.

What Must Be Proven in a Wrongful Death Lawsuit?

To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant's actions (or failure to act) directly caused the death. The elements of the claim generally include:

• Duty of care: The defendant owed a duty of care to the deceased. For instance, a driver has a duty to operate their vehicle safely, a doctor has a duty to provide competent medical care, and a property owner has a duty to maintain safe premises.
• Breach of duty: The defendant breached that duty of care. This could mean anything from driving under the influence, failing to diagnose a medical condition, or not fixing hazardous conditions on their property.
• Causation: The breach of duty directly caused the death of the victim. There must be a clear connection between the defendant’s actions and the death.
• Damages: The death resulted in measurable damages to the survivors, such as loss of income, emotional distress, medical bills, and funeral expenses.

Legal Options in a Wrongful Death Case

Once a wrongful death lawsuit is filed, the legal process can be lengthy and complex. Survivors need to understand their options and how to proceed with their claim.

1. Filing a Lawsuit

The most common route to seeking compensation is to file a wrongful death lawsuit. This is done in civil court, separate from any criminal case. While the criminal case may address issues such as punishment for the defendant, the wrongful death case seeks to provide financial relief to the survivors.

A personal injury attorney, especially one with experience handling wrongful death claims, can help families navigate the complex legal process, including gathering evidence, filing necessary paperwork, and representing them in court.

2. Settlement Negotiations

In many cases, wrongful death lawsuits are settled outside of court. Settlement negotiations allow the parties involved to reach an agreement without going through a lengthy trial process. The defendant’s insurance company often plays a significant role in these negotiations, offering a settlement to the survivors in exchange for dropping the case.

The benefits of settling outside of court include:

• Faster resolution: Trials can take months or even years. A settlement can resolve the case much quicker.
• Lower legal costs: Trials are expensive, and settling can reduce the cost of legal fees.
• Less emotional stress: A settlement can spare the survivors the emotional toll of reliving their loved one’s death in a public trial.

However, it’s essential to remember that settlements are negotiable. A skilled attorney will help determine whether a settlement offer is fair and whether it adequately compensates the survivors for their loss.

3. Trial

If the case cannot be settled, the family may need to go to trial. In a wrongful death trial, the survivors must prove their case to a judge or jury. This requires presenting evidence, including witness testimony, medical records, and expert opinions, to demonstrate that the defendant’s actions caused the death and the extent of the damages.

A trial can be emotionally taxing, and the outcome is never guaranteed. However, if successful, it can result in a higher compensation award compared to a settlement.

4. Alternative Dispute Resolution (ADR)

Some wrongful death cases may be resolved through alternative methods, such as mediation or arbitration. In mediation, both parties agree to meet with a neutral third party who helps facilitate negotiations to reach a mutually agreeable settlement. Arbitration is more formal, where a neutral arbitrator makes a binding decision after hearing both sides of the case.

ADR methods are typically faster and less expensive than going to trial, though they require both parties to be open to negotiation.

Wrongful Death Settlements: What to Expect

A wrongful death settlement aims to compensate the survivors for their loss, which can include a wide range of damages. The amount of the settlement depends on various factors, including the circumstances of the case, the degree of negligence, and the evidence presented. 

Common types of damages in a wrongful death claim include:

1. Economic Damages

These are tangible financial losses that can be quantified, including:

• Funeral and burial expenses: The cost of laying a loved one to rest can be significant, and this can be included in the settlement.
• Medical expenses: If the deceased incurred medical bills before passing away due to the injury or illness, those expenses may be covered.
• Lost wages and earning capacity: If the deceased was the primary breadwinner, the surviving family members may seek compensation for the lost income and the impact it has on their financial stability.
• Loss of support and services: In some cases, compensation can be sought for the loss of services the deceased provided, such as childcare, housekeeping, or other forms of support.

2. Non-Economic Damages

These damages are more subjective and harder to quantify but are no less significant. They include:

• Loss of companionship: The surviving family members may seek compensation for the emotional impact of losing a loved one.
• Pain and suffering: Though the deceased person cannot experience pain and suffering after death, the family members may be entitled to compensation for the emotional and mental anguish caused by the death.
• Loss of consortium: A surviving spouse may seek compensation for the loss of the deceased's companionship, affection, and sexual relationship.

3. Punitive Damages

In rare cases, if the defendant’s actions were particularly egregious (such as in cases of gross negligence or intentional harm), punitive damages may be awarded. These are designed to punish the wrongdoer and deter others from similar conduct.

What Is the Average Wrongful Death Settlement Amount?

As with any legal matter, the answer will vary based on the circumstances of each case. Just as every lost loved one is unique and different, so are the facts of the claim and the legal issues that might arise. Generally, a settlement will take into account various factors, including:

• Medical expenses of the victim
• Funeral and burial expenses
• Financial support that the deceased would have provided
• The age and health of the deceased person and how long they likely would have lived
• The parties at fault in the case
• The circumstances of the accident
• Any dependents that the deceased left behind

Some cases may settle for tens of millions of dollars, while others may settle for under one million. Much of it will depend upon the facts of the case—but much of it will also depend upon the legal team that you choose to fight for you. 

The Clock Is Ticking: Be Sure to File Now Time

The amount of time you have to file a wrongful death claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Morgan & Morgan Is Here for You

Wrongful death lawsuits can help survivors obtain justice and compensation after a loved one dies due to someone else’s actions. Though no amount of money can replace the loss, legal options like filing a lawsuit, negotiating a settlement, or going to trial provide a way for families to seek accountability. 

Working with an experienced wrongful death attorney can help families navigate this challenging process, ensuring they receive the compensation they deserve.

If you have lost a loved one due to someone else’s negligence or intentional actions, it’s important to understand your legal options. Reach out to a qualified wrongful death lawyer at Morgan & Morgan who can guide you through the process and help you secure the justice and compensation your family needs during this difficult time.