How to File a Wrongful Death Lawsuit

Losing a loved one is an incredibly painful experience, especially when their death could have been prevented. In such tragic situations, a wrongful death lawsuit can offer families a way to seek justice and compensation for their loss. However, wrongful death cases are complex, and understanding the legal process can be overwhelming. Let’s break down everything you need to know about filing a wrongful death lawsuit, from the initial steps to fighting the case, understanding statutes of limitation, and determining recoverable damages.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action filed by the survivors of an individual who died due to someone else’s negligence, recklessness, or intentional harm. The purpose of this type of lawsuit is to hold the responsible party accountable and to compensate the surviving family members for their emotional and financial losses.

Common Causes of Wrongful Death

Wrongful death cases can arise from a variety of circumstances, including:

• Car accidents: Caused by reckless or drunk driving.
• Medical malpractice: Where a healthcare professional’s negligence results in death.
• Workplace accidents: Particularly in dangerous industries like construction.
• Defective products: That cause fatal injuries.
• Criminal acts: Such as assault or manslaughter.

How to File a Wrongful Death Lawsuit

Filing a wrongful death lawsuit involves several steps, and it’s crucial to follow these correctly to have a successful case.

Step 1: Contact a Wrongful Death Attorney

The first and most important step is to consult with a wrongful death attorney who specializes in these types of cases. Experienced attorneys will guide you through the legal process, help gather necessary evidence, and ensure that you meet all legal deadlines. Heidari Law Group, for instance, offers expertise in handling wrongful death lawsuits and can assist families in navigating this difficult time.

Step 2: Investigating the Case

Once you’ve hired an attorney, the investigation phase begins. This involves gathering crucial evidence, such as:

• Medical records and autopsy reports.
• Police reports or accident scene investigations.
• Witness statements.
• Expert testimony from professionals who can assess the cause of death.

An early and thorough investigation is key to building a strong case.

Step 3: Filing the Wrongful Death Lawsuit

Next, your attorney will file the wrongful death lawsuit in civil court. This document will outline the legal basis of your claim, detailing how the defendant’s actions caused your loved one’s death. It’s essential to file within the statute of limitations, which varies by state.

Step 4: Settlement or Trial

Once the lawsuit is filed, the defendant may choose to settle the case out of court, which can result in a quicker resolution. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome. Heidari Law Group will advocate for your best interests, ensuring you receive the maximum compensation possible.

Understanding Statutes of Limitation

A statute of limitations is the deadline for filing a wrongful death lawsuit. This deadline varies depending on the state where the case is being filed and the circumstances surrounding the death. In most states, the statute of limitations is between one and three years from the date of the person’s death.

If you fail to file the lawsuit within this period, your case will likely be dismissed, and you will lose the opportunity to seek compensation. This is why it is critical to consult with a wrongful death attorney as soon as possible after the death of your loved one.

Commencing a Wrongful Death Lawsuit

After the initial consultation and investigation, your attorney will begin the formal process of filing a wrongful death lawsuit by drafting and submitting a complaint to the court. This document must outline:

• The identity of the plaintiff (the person or people filing the suit, such as a spouse or child).
• The identity of the defendant (the person or entity being sued).
• The facts of the case (how the wrongful death occurred).
• The damages being sought (financial compensation for the loss).

Once the lawsuit is filed, the defendant will be served with legal papers and given time to respond. The litigation process may include depositions, expert testimony, and negotiations before potentially going to trial.

Recoverable Damages in a Wrongful Death Lawsuit

One of the primary reasons for filing a wrongful death lawsuit is to seek compensation for the losses suffered as a result of your loved one’s death. The damages in a wrongful death case can vary but typically include:

• Economic Damages: These cover measurable financial losses such as funeral and burial expenses, medical bills related to the deceased’s injury or illness, and lost income (including potential future earnings).
• Non-Economic Damages: These include compensation for the emotional pain and suffering, loss of companionship, and loss of consortium (relationship) that the family endures.
• Punitive Damages: In cases where the defendant’s actions were particularly reckless or malicious, punitive damages may be awarded to punish the responsible party and prevent similar behavior in the future.

Wrongful Death vs. Personal Injury Lawsuits

It’s important to understand the distinction between wrongful death and personal injury lawsuits. In a personal injury lawsuit, the injured individual is alive and is seeking compensation for their own pain, suffering, and financial losses. In contrast, a wrongful death lawsuit is filed on behalf of a deceased person by their survivors.

In some cases, a personal injury lawsuit may convert into a wrongful death lawsuit if the injured person dies as a result of their injuries.

Is Wrongful Death Civil or Criminal?

Wrongful death cases are civil lawsuits, not criminal cases. This means that the lawsuit’s purpose is to obtain financial compensation for the survivors, rather than to punish the defendant with criminal penalties like jail time. However, in some situations, a criminal case may occur simultaneously with a wrongful death lawsuit.

For example, if someone dies due to a drunk driver, the state may pursue criminal charges like manslaughter against the driver, while the family of the deceased may file a civil wrongful death lawsuit to seek financial compensation.

Types of Wrongful Death Cases

There are several types of wrongful death cases, depending on how the death occurred. Common categories include:

• Motor Vehicle Accidents: Car accidents, truck accidents, and motorcycle crashes caused by negligence often lead to wrongful death claims.
• Medical Malpractice: When healthcare providers fail to meet the standard of care, and their negligence results in a patient’s death, they can be sued for wrongful death.
• Workplace Accidents: Fatal accidents in the workplace, particularly in high-risk industries, can lead to wrongful death claims against employers or third parties.
• Product Liability: Defective products that cause fatal injuries, such as dangerous pharmaceuticals, faulty vehicles, or defective machinery, may lead to wrongful death lawsuits.
• Intentional Acts: Deaths caused by intentional acts, such as assault, may result in both criminal charges and wrongful death claims.

Who Can Sue for Wrongful Death? Who Can Be Sued?

Not everyone can file a wrongful death lawsuit. The law limits who can bring such a case to certain individuals who had a close relationship with the deceased. Generally, the following people can file:

• Immediate family members, including spouses, children, and parents.
• Domestic partners in some states.
• Other dependents, such as stepchildren or financially dependent siblings, may also have legal standing in some jurisdictions.

As for who can be sued, wrongful death claims can be filed against a wide range of individuals or entities, including:

• Individuals whose negligence or intentional actions caused the death.
• Corporations, such as manufacturers of defective products.
• Healthcare professionals for medical malpractice.
• Employers who failed to provide safe working conditions.

Wrongful Death Settlements & Compensation

Most wrongful death lawsuits are settled before going to trial. In a settlement, the defendant agrees to pay a specific sum of money to the plaintiff in exchange for dropping the case. This can often be a faster and less stressful way to resolve the matter.

The amount of compensation in wrongful death settlements can vary widely depending on factors like:

• The deceased’s age and earning potential.
• The financial dependency of the surviving family members.
• The circumstances of the death, including whether it involved gross negligence or intentional harm.

A wrongful death attorney at Heidari Law Group, will fight to ensure that you receive the maximum compensation you deserve.

Filing a wrongful death lawsuit is a complex and emotionally challenging process, but it is an important step in holding the responsible party accountable and seeking justice for your loved one. By understanding the legal steps involved, the damages that can be recovered, and the importance of experienced legal representation, you can make informed decisions to protect your family’s rights.

If you’ve lost a loved one due to someone else’s negligence or misconduct, Heidari Law Group is here to help. Our experienced attorneys can guide you through every step of the process, from investigating the case to negotiating a fair settlement or representing you at trial. Contact us today for a free consultation to discuss your wrongful death case.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.