What Is a Wrongful Death Claim: Seeking Justice for Your Loved Ones
The loss of a loved one is among life's most heart-wrenching experiences. However, it becomes even more devastating when their death results from someone else's misconduct. In these cases, a wrongful death claim offers grieving families a pathway to justice and financial compensation.
But what is a wrongful death claim? And how can families approach this complex legal process?
We’ll discuss the following topics in-depth below:
What Is Wrongful Death?
What Is a Wrongful Death Claim?
Wrongful Death Lawsuit vs. Wrongful Death Claim: Is There a Difference?
Who Can Bring a Wrongful Death Claim?
Elements of a Wrongful Death Claim
How to File a Wrongful Death Claim
How to Find a Wrongful Death Attorney
How Long Does a Wrongful Death Lawsuit Take
Keep reading to discover how to determine if a claim is warranted, the steps involved in filing it, and the options available to support families during this challenging time.
What Is Wrongful Death?
Wrongful death happens when a person loses their life due to the reckless, negligent or intentional actions of another individual, company or entity.
Recklessness: Involves behavior that demonstrates a blatant disregard for the safety of others. An example of this is a business failing to address known safety hazards.
Negligence: Refers to situations where a party fails to exercise reasonable care, leading to fatal consequences. For example, a distracted driver causes a deadly car accident.
Intentional actions: Involve deliberate acts that result in death, such as assault or other violent crimes.
Regardless of the circumstances, wrongful death cases center on the idea that the fatality could have been prevented if the responsible party had acted appropriately. Such deaths often leave families grappling with emotional trauma, financial burdens and a deep sense of injustice.
What Is a Wrongful Death Claim?
Unlike a criminal case, which seeks to punish the responsible party through penalties such as fines, imprisonment or probation, a wrongful death claim is a civil action designed to secure financial compensation for the family of the deceased.
Wrongful death claims aim to compensate families for both tangible and intangible damages:
Tangible Damages: These are measurable financial losses directly resulting from wrongful death.
Intangible Damages: These are non-quantifiable losses that impact the emotional and psychological well-being of surviving family members.
Wrongful Death Lawsuit vs. Wrongful Death Claim: Is There a Difference?
While the terms wrongful death lawsuit and wrongful death claim are often used interchangeably, they refer to different stages in the pursuit of justice.
A wrongful death claim attempts to resolve the matter outside of court. The family, represented by their attorney, files a claim with the responsible party to seek compensation for their loss. This phase often involves negotiations aimed at settling without litigation.
If these negotiations fail to result in a fair resolution, the claim may escalate into a wrongful death lawsuit. At this stage, the family formally files a legal complaint in civil court. A lawsuit becomes necessary when the at-fault party denies liability, disputes the damages or offers an insufficient settlement.
Who Can Bring a Wrongful Death Claim?
In most states, only specific individuals have the legal standing to file a wrongful death claim. The exact list may vary depending on the jurisdiction, but it typically includes:
Immediate Family Members: Spouses, children and parents of the deceased are usually the first eligible to bring a claim.
Financial Dependents: In some cases, individuals financially dependent on the deceased, such as stepchildren or domestic partners, may be eligible.
Personal Representatives: The executor of the deceased's estate can file a claim on behalf of beneficiaries.
It is essential to consult local laws or a wrongful death claim lawyer to determine what steps to take.
Elements of a Wrongful Death Claim
To successfully pursue a wrongful death claim, the following elements must be proven:
Duty of Care: The defendant owed a legal duty to the deceased, such as a driver's duty to follow traffic laws or a doctor's duty to provide competent medical care.
Breach of Duty: The defendant failed to fulfill their duty through negligent, reckless or intentional actions.
Causation: The defendant's actions or inactions directly caused the death.
Damages: The death resulted in measurable losses for the surviving family.
Establishing these elements is essential for a successful claim, and an experienced wrongful death claim lawyer can help gather evidence and present a compelling case.
How to File a Wrongful Death Claim
Filing a wrongful death claim can be a complex process, but following these steps can help families seek justice effectively:
Consult an Experienced Attorney
The first and most crucial step is to consult a skilled attorney. A lawyer will assess the case's merits, explain the legal process and handle the necessary paperwork and negotiations.
Determine Eligibility
Not everyone can file a wrongful death claim. The laws governing who can bring a claim vary by state, but typically, immediate family members, dependents or the executor of the deceased's estate are eligible.
Gather Evidence
To support the claim, evidence must be collected to prove negligence and damages. This may include medical records, police reports, witness statements, financial documentation and expert opinions.
Calculate Damages
Work with your attorney to determine the full extent of both tangible and intangible damages to include in the claim.
File the Claim
The attorney will draft and file the wrongful death claim with the appropriate insurance company or civil court. This includes identifying the defendants, outlining the allegations and specifying the compensation sought.
Negotiate a Settlement
The defendant or their insurance provider may often offer a settlement. Your attorney will negotiate to secure fair compensation, ensuring your family's needs are met.
Families considering how to file a wrongful death claim should act promptly, as these claims are subject to statutes of limitations. Missing the deadline could result in losing the right to pursue compensation.
How Long Does a Wrongful Death Lawsuit Take?
The duration of a wrongful death lawsuit depends on factors such as the case's complexity, the parties' willingness to settle and the court's schedule. On average, these cases can take anywhere from a few months to several years to resolve.
Here is a general timeline of the lawsuit:
Investigation Phase: One to three months
Filing and Pre-Trial Motions: Three to six months
Settlement Negotiations: Several months to a year
Trial (if necessary): One to two years
How to Find a Wrongful Death Attorney
Selecting the right lawyer is crucial for a successful wrongful death claim. Here are some tips on how to find a wrongful death attorney who is experienced and trustworthy:
Research Experience: Look for attorneys specializing in wrongful death lawsuits and have a proven track record of success in similar cases.
Read Reviews: Client reviews and testimonials can provide insights into an attorney's professionalism and effectiveness.
Schedule Consultations: Most lawyers offer free consultations. Use this opportunity to ask questions about their approach, fees and experience.
Evaluate Communication: Choose a lawyer who communicates clearly and empathizes with your situation.
A skilled wrongful death attorney will navigate the legal complexities while also providing a compassionate outlook during this challenging time.
Trust Littlejohn Law to Fight for Justice in Your Wrongful Death Case
When dealing with the loss of a loved one due to someone else's misconduct, you need a legal team that is committed to justice and understands the challenges you are facing. Littlejohn Law is a private practice personal injury firm in South Carolina that provides compassionate representation for wrongful death cases and other personal injury lawsuits.
At Littlejohn Law, we pride ourselves on guiding families through difficult times with integrity and dedication. If you have questions or need help, we offer free consultations, either by phone or in person. Contact us today.
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