Wrongful Death Lawsuits: What You Need to Know and How to Proceed

The surviving family members or beneficiaries of a person who has died due to the negligence, recklessness, or intentional harm inflicted by someone can file a wrongful death lawsuit.

Such a lawsuit holds the responsible party accountable for their actions. Though no death can ever be justified, compensated for, or exacted – wrongful death claims ultimately try to compensate the family of the deceased suitably for their loss.

There is no rulebook to quantify the loss of a family member or loved one, or to assign an accurate figure to emotional trauma and suffering. As such, the compensation differs from case to case. Though it mainly depends on the details of the case and the nature of the crime, it also hinges importantly on how well the case is argued, how well the evidence is gathered, and how testimonies are collected.

A wrongful death attorney specializes in these things to maximize the compensation received by the family of the deceased. A Washington personal injury lawyer can be just the professional you need when the case is about negligence more than crime.

How Does it Work?

A wrongful death lawsuit works by proving that the defendant owed a duty of care to the deceased that was breached. This generally involves the plaintiff arguing and documenting the details of the incident.

If a defendant breached the duty of care owed to the deceased, resulting in the death of the deceased, the plaintiff is entitled to seek damages from the defendant.

The damages include compensation for medical expenses, funeral costs, lost income and benefits, and most significantly, the loss of companionship or consortium. The amount awarded can differ a lot and mainly depends on the specific circumstances of the case as well as the state in which the lawsuit is being filed.

One can file a wrongful death lawsuit not just against other individuals, but against businesses and government entities as well. The most common incidents leading to wrongful death lawsuits are usually car accidents, medical malpractice, workplace accidents, and criminal or violent acts.

The defendant is ordered to pay the plaintiff once the plaintiff successfully proves their case. It’s not rare for defendants to also face criminal charges related to the incident. These criminal charges might or might not be argued in a separate case.

We recommend consulting with a specialist, like a Washington wrongful death attorney or a Seattle construction injury attorney. The laws and procedures for filing a wrongful death lawsuit vary from state to state. It’s also a no-brainer that you need expert advice and professional help when it comes to collecting evidence, cross-examining testimonies, and arguing in court. Getting an experienced attorney in your state is a great way to ensure that you get the maximum compensation and justice.

What to Know before Filing a Wrongful Death Lawsuit

Going into a lawsuit without proper research and planning can result in severe under-compensation. Let’s go over a quick checklist to make sure that you understand the details.

Eligibility to file a Wrongful Death Lawsuit

Not just about anyone can file a lawsuit. You need to be one of the surviving family members or beneficiaries. In the US, the eligibility to file a wrongful death lawsuit varies from state to state, but generally, immediate family members such as spouses, children, and parents of the deceased person are eligible to file.

In some cases, siblings or other dependents may also be eligible to file. It's important to note that eligibility requirements can be complicated, and it's best to consult with a qualified attorney to determine whether you are eligible to file a wrongful death lawsuit. Additionally, there may be specific time limitations for filing a wrongful death lawsuit, known as the statute of limitations, which also varies by state.

Damages Recoverable

You can bring a lot of damages into the lawsuit. This includes economic damages such as medical and funeral expenses and the loss of income as well as future earnings. On the other hand, damages also include the loss of companionship and the resulting pain and suffering inflicted upon the family members and loved ones.

Sometimes, the court may also award punitive damages to punish the defendant for particularly egregious conduct that led to the death.

Statute of Limitations

This refers to the time limit within which a wrongful death lawsuit must be filed. The specific time frame varies depending on the state in which the incident occurred, but it is typically between one and three years from the date of death. It is important to act quickly and ensure that the lawsuit is filed within the appropriate time frame, as failing to do so can result in the case being dismissed.

Gathering Evidence

Gathering evidence can include obtaining medical records, police reports, witness statements, and any other documentation that supports the claim. It is also important to gather any physical evidence, such as photographs or video footage, that can help to demonstrate the cause of death and liability.

Choosing the Right Attorney

Choosing the right attorney is key to ensuring a successful outcome in a wrongful death lawsuit. It is important to select an attorney who has experience in handling these types of cases and who has a proven track record of success. A qualified attorney can help to guide you through the legal process, gather evidence, and build a strong case on your behalf.

Wrapping up

No compensation can accurately determine the extent of the loss resulting from someone's death, but fighting a legal battle in court does more than provide an economic incentive.

Choosing the right attorney who specializes in wrongful death cases can help ensure that the family receives the compensation they deserve. It is a complex process, but taking the necessary steps can help the family achieve some sense of justice and closure.