According to the law, certain individuals can seek compensation for a wrongful act, neglect, or carelessness that leads to the death of another. The question is, who exactly qualifies? And what factors are involved?
The Elements of a Wrongful Death
Just because someone dies in an accident or as the result of a mistake, doesn’t necessarily mean it’s a wrongful death (in legal terms). In order for a death to be considered for a wrongful death lawsuit, four key elements must be proven:
- Negligence. For a death to be considered a “wrongful” death, you must prove that the plaintiff’s death was caused (either partially or entirely) by the recklessness, carelessness, or negligent actions of the defendant.
- Breach of duty. It must be established that the defendant owed the victim a certain duty of care and that it was broken. For example, a driver on the road owes a duty of care to the other drivers to follow the speed limit and drive safely. Likewise, a surgeon owes her patients a duty of care to maintain a person’s health.
- Causation. It must be shown that the defendant’s breach of duty toward the victim was the partial or primary cause of the victim’s death. In other words, there must be a correlation. If the defendant was speeding and acting negligently, but the victim had an unrelated heart attack while behind the wheel, it would be hard to prove causation.
- Damages. Finally, there must be quantifiable damages in order for there to be a wrongful death lawsuit. This may include financial costs (like medical expenses, burial costs, loss of income, etc.), as well as things like pain and suffering of the victim prior to death, loss of protection, and other related consequences.
If each of these four elements are in place, then a wrongful death suit can be brought against the party that is allegedly responsible for the death. However, each of these points will have to be proven in court. (Though, many times, cases like these are settled before going to court.)
Who Can File a Wrongful Death Suit?
Not just anyone can file a wrongful death suit. In order to file, you must be considered a designated beneficiary. This includes immediate family members (spouses, children, parents of unmarried children), distant family members (siblings and grandparents), domestic life partners, and/or financial dependents.
“The benefit to sue will usually be exclusive to that class, meaning that if there are living members of the first class, the right of action is likely only available to members of that class,” FindLaw explains. “If there are no living members, the right passes to members of the next class.”
If you think you’re a designated beneficiary, it’s important that you don’t try to handle this situation on your own. You need to partner with someone who can help you properly prepare a case and bring forth a lawsuit. A failure to do so could leave you exposed and vulnerable to being taken advantage of.
“In our experience, insurance companies and their adjusters often try to low-ball how much they will pay for your medical expenses, your lost wages, and other damages,” attorney Joel M. Vecchio says. “In other words, many insurance companies are more focused on protecting their own bottom lines by undervaluing your claim instead of paying you what you deserve.”
An attorney can also ensure your wrongful death lawsuit is filed properly and in a timely manner. Each state has its own statute of limitations that dictate when a claim can be brought. This time frame varies, but you always have at least one year. The statute of limitations typically ranges from one to three years. Your attorney can walk you through the details to make sure you’re checking off all of the legal “boxes.”
Adding it All Up
Nobody ever wants to find themselves in a situation where they need to file a wrongful death lawsuit. However, if a loved one has died as a result of someone else’s negligence or wrongdoing, it may be something to consider.
By following the right steps, hiring an attorney, and patiently waiting for the process to unfold, you can hold the responsible parties accountable for their actions.