Understanding Wrongful Death Claims: When Can Families Seek Justice?

Losing a loved one due to someone else’s negligence or misconduct is an unimaginable hardship. In these difficult situations, families may have the right to pursue a wrongful death claim to seek justice and hold responsible parties accountable.

What is a Death Claim?

A wrongful death claim is a civil lawsuit filed by the family or representatives of a deceased individual against the party responsible for their death. Unlike criminal cases, which focus on punishment, wrongful death claims aim to provide financial compensation to the surviving family for losses and damages related to the death.

Legal Grounds for Filing a Death Claim

Families can typically file a wrongful death claim when a loved one dies due to someone else’s negligence, intentional actions, or failure to uphold a duty of care. Common scenarios include: fatal car accidents, medical malpractice, workplace accidents, defective products, and criminal acts. To determine eligibility, it’s crucial to show that the death was preventable if not for the responsible party’s actions or negligence.

Who Can File a Wrongful Death Lawsuit?

In a wrongful death claim, eligibility to file depends on state laws, which typically prioritize certain family members. Here’s a more detailed look at who can generally file a wrongful death claim:

• Immediate Family Members: In most cases, the primary right to file a wrongful death claim is given to close family members. This usually includes the spouse of the deceased, children (including adopted children), and parents if the deceased was unmarried and had no children. These family members are typically seen as the individuals most directly affected by the loss.
• Financial Dependents and Domestic Partners: In some states, domestic partners or financial dependents who relied on the deceased for support can file a wrongful death claim. These individuals must typically prove their financial dependence on the deceased to be eligible to pursue compensation.

• Extended Family Members: Certain states allow more distant relatives, like siblings, grandparents, or even cousins, to file a wrongful death claim if they can demonstrate a significant financial or emotional dependency on the deceased. This option usually only applies if there are no surviving immediate family members.
• Legal Representatives or Executors of the Estate: If the deceased left a will or appointed an executor, this individual may file a wrongful death claim on behalf of the deceased’s estate. The executor may seek compensation to cover debts and expenses owed by the estate, with any remaining funds being distributed to the beneficiaries named in the will.
• Parents of Deceased Minors or Children of Deceased Parents: If a minor child passes away due to someone else’s negligence, the parents or legal guardians generally have the right to file a wrongful death claim. Conversely, if a parent dies, minor children may be able to file with a legal guardian or representative acting on their behalf to ensure their interests are protected.

Each state’s wrongful death statutes outline who may file, so consulting a knowledgeable wrongful death attorney can help clarify the eligibility requirements for family members seeking justice for their loved one.

Damages That Can Be Recovered in Wrongful Death Claims

In a wrongful death claim, families may be eligible to recover various types of damages aimed at compensating for both the financial and emotional impact of their loved one’s death. The specific types and amounts of damages vary based on the circumstances and state laws, but they generally fall into two main categories: economic damages and non-economic damages.

1. Economic Damages. These damages cover the measurable financial losses resulting from the loved one’s death. They include:
   • Medical Expenses: Any costs related to medical treatment the deceased received before their passing, especially if there was a period of hospitalization or intensive care. These expenses can be substantial and are usually recoverable as part of the claim.
   • Funeral and Burial Costs: Families may recover the expenses incurred for funeral arrangements, burial, or cremation services. These costs can place a financial burden on families, so they are often included in wrongful death claims.
   • Loss of Income and Future Earnings: This includes the wages or salary the deceased would have earned had they lived. Compensation for lost future earnings helps support the family financially, particularly if the deceased was the primary breadwinner. Courts may consider the deceased’s age, occupation, health, and earning capacity when calculating this amount.
   • Loss of Benefits: This includes the value of lost benefits, such as health insurance, retirement contributions, or pension plans, that the deceased would have provided to their family over their lifetime.
   • Loss of Inheritance: In some cases, family members can seek compensation for what they would have inherited had the deceased lived a natural lifespan. This may include projected savings or other financial contributions.
2. Non-Economic Damages. These damages compensate for the intangible losses families suffer, including emotional and psychological impacts:
   • Loss of Companionship and Society: This covers the emotional pain of losing a loved one’s companionship, love, and support. It’s intended to compensate surviving spouses, children, and sometimes parents for the loss of their family member’s presence in their lives.
   • Loss of Parental Guidance: When a parent dies, children lose not only the companionship of their parent but also their guidance, mentorship, and emotional support. This loss can be particularly significant for younger children, and courts may consider this when awarding damages.
   • Pain and Suffering: Although not available in every state, pain and suffering compensation may be awarded for the grief and mental anguish experienced by the surviving family members. This is typically a subjective assessment, as emotional suffering is unique to each individual.
   • Loss of Consortium: For spouses, wrongful death claims may include loss of consortium, which covers the loss of the marital relationship, including loss of affection, comfort, and sexual companionship.
3. Punitive Damages. In some cases, families may also be eligible for punitive damages. Unlike economic and non-economic damages, punitive damages are not intended to compensate the family for losses but rather to punish the responsible party for particularly reckless or intentional actions. Punitive damages may apply if the defendant’s conduct was egregious, such as in cases involving gross negligence or criminal actions. Not all states allow punitive damages in wrongful death cases, so it’s important to understand your state’s specific regulations.
4. Survival Action Damages. If the deceased experienced pain and suffering prior to death, some states allow families to seek damages through a survival action claim. This compensates for the deceased’s suffering and medical expenses incurred while they were alive but is separate from the wrongful death claim.

By recovering these damages, wrongful death claims aim to provide families with the financial support they need to rebuild their lives after a tragic loss. Consulting a skilled attorney can help families determine which damages apply to their case and ensure that they receive fair and comprehensive compensation.

Top Mistakes to Avoid in a Wrongful Death Case

Navigating a wrongful death case can be complex and emotionally challenging. Avoiding common mistakes can help ensure that families receive fair compensation and justice for their loved one’s passing. Here are some key pitfalls to watch out for:

• Delaying Legal Action – Every state has a statute of limitations for filing a wrongful death claim, meaning families have a limited time to take legal action. Delaying can jeopardize the case, as valuable evidence may be lost, witnesses may become harder to locate, and the claim may eventually become invalid. Consulting an attorney as soon as possible helps preserve your rights.
• Failing to Gather and Preserve Evidence – Strong evidence is crucial in proving a wrongful death claim. Families should secure medical records, accident reports, photos, witness statements, and any other relevant documentation. Not preserving evidence or delaying its collection may weaken the case significantly.
• Not Hiring an Experienced Wrongful Death Attorney – Wrongful death cases are legally complex and require specialized knowledge. Hiring an attorney experienced in wrongful death and personal injury law helps families navigate the legal process, build a solid case, and negotiate fair compensation. Choosing a general attorney or attempting to handle the case alone can lead to costly mistakes.
• Settling Too Quickly with Insurance Companies – Insurance companies often approach families with settlement offers shortly after a wrongful death, but these offers may be far lower than what the family is entitled to. Settling too quickly without understanding the full scope of damages can prevent families from receiving fair compensation. An attorney can negotiate with insurers to ensure a just outcome.
• Underestimating Future Damages – Wrongful death compensation isn’t just about immediate expenses; it should also account for future financial losses, such as lost income, loss of benefits, and future support. Failing to consider these long-term damages can lead to an inadequate settlement that may not fully cover the family’s needs.
• Overlooking Eligible Family Members – In wrongful death cases, certain family members have the right to file a claim or may be entitled to compensation. Failing to involve all eligible parties or inform them of the case can complicate proceedings and create disputes over settlements. Consulting an attorney helps clarify which family members should be involved.
• Not Considering Non-Economic Damages – Families often focus on economic damages like medical bills and lost wages, but non-economic damages like loss of companionship, emotional suffering, and pain and suffering are also compensable in many cases. Failing to claim these damages can reduce the overall compensation amount significantly.
• Ignoring Tax Implications – While wrongful death settlements are generally not taxable, certain portions, such as punitive damages, may be subject to taxes. Ignoring potential tax implications can lead to unexpected liabilities. Consulting with both an attorney and tax advisor can help families understand how their settlement might be affected.

Avoiding these common mistakes can make a significant difference in the outcome of a wrongful death case. Working with an experienced wrongful death attorney will help to ensure that your family receives the support, guidance, and representation needed to pursue justice and secure the compensation that you deserve.

How Long Do I Have to File a Wrongful Death Claim?

The timeframe for filing a wrongful death claim, also known as the statute of limitations, varies from state to state, but in California and Nevada it is two years in length from the date of the loved one’s death. Meeting this statute of limitations is essential, as filing a claim after it has expired generally results in dismissal, barring the family from pursuing compensation.

There are a number of factors that can affect the statute of limitations. This can include:

State-Specific Laws

Each state has its own statute of limitations for wrongful death claims. For instance, in California and Nevada, the statute of limitations is two years, while in Utah, it is four years from the date of death. Understanding your state’s specific statute of limitations is crucial to avoiding missed deadlines.

Discovery Rule

In certain cases, families may not immediately know that a wrongful death occurred due to negligence. If new evidence is discovered that reveals negligence, some states allow the “discovery rule” to extend the statute of limitations, but this only applies in particular circumstances.

Claims Involving Government Entities

If the wrongful death claim involves a government entity—such as a public hospital or transportation agency—the statute of limitations is often much shorter, sometimes as brief as six months. Specific notice requirements may also apply in these cases.

The Importance of Filing Early

Starting the claim process promptly gives your attorney the best chance to collect critical evidence, secure witness statements, and build a robust case. Delaying can result in the loss of evidence and make it harder to gather the information needed to support your claim fully.

If you’re considering a wrongful death claim, consulting an experienced wrongful death attorney can help you understand and meet the statute of limitations in your state, ensuring you have the best chance to seek justice for your loved one.

Frequently Asked Questions: Wrongful Death Claims

What is the difference between a criminal case and a wrongful death claim?

A criminal case is filed by the state to punish the wrongdoer with fines, jail time, or other penalties. A wrongful death claim, however, is a civil lawsuit filed by the deceased’s family to recover financial compensation for their loss. It can proceed even if no criminal charges are filed.

Can a wrongful death claim be filed if the deceased had life insurance?

Yes, a wrongful death claim is separate from life insurance. Life insurance provides a predetermined payout, while a wrongful death claim seeks compensation for losses caused by another party’s negligence or wrongful act. Families can pursue both.

How is a wrongful death claim different from a survival action claim?

A wrongful death claim seeks compensation for the family’s losses due to their loved one’s death. A survival action, on the other hand, allows the estate to recover damages the deceased could have claimed if they had survived, such as pain and suffering endured before passing.

Can I file a wrongful death claim if criminal charges are also filed?

Yes, wrongful death claims are civil cases and can be filed independently of criminal proceedings. Even if criminal charges are pursued, families can still file a wrongful death claim to seek compensation.

Are wrongful death claims able to be settled out of court?

Yes, many wrongful death claims are settled through negotiation with insurance companies or the responsible parties, avoiding a lengthy trial. However, if a fair settlement cannot be reached, the case may proceed to court.

Do I need an attorney to file a wrongful death claim?

While not legally required, hiring an experienced wrongful death attorney can make a significant difference. Attorneys help gather evidence, navigate complex legal requirements, negotiate with insurers, and build a strong case for fair compensation.

How is negligence proven in a wrongful death case?

To prove negligence, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased, breached that duty through their actions or inaction, and that this breach directly led to the death. Evidence may include witness statements, medical records, and expert testimonies.

How long can a wrongful death case take to resolve?

The timeframe varies widely, depending on the complexity of the case, the availability of evidence, and whether the claim is settled out of court or goes to trial. Some cases settle within a few months, while others may take a year or more to resolve.

How are wrongful death settlements distributed among family members?

Distribution of a wrongful death settlement depends on state law and the relationship of the family members to the deceased. Often, spouses and children are prioritized, but a court may also allocate funds to other dependents based on need.

Are wrongful death settlements taxable?

In most cases, wrongful death settlements for compensatory damages are not taxable. However, punitive damages, if awarded, may be subject to taxes. Consulting a tax professional can help clarify any tax implications based on the details of the settlement.

***Disclaimer: This blog 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 blog, 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.