Wrongful death claims are a type of personal injury that arises when a person is killed due to the negligence or misconduct of another individual or party. The act or failure to act does not need to rise to the level of a criminal act in order for the family to seek damages from the at-fault party for the death of their loved one.
A wrongful death lawsuit is a civil action whereby family members seek monetary relief from the person or party who caused the death of the decedent. Even though money can never replace a loved one, a financial award can help to provide for the decedent’s survivors.
Each state has its own laws regarding the damages recoverable in a wrongful death action and some states limit the amount a family may recover in a wrongful death claim. Typically, the damages a family can seek in a wrongful death claim include economic, non-economic, and punitive.
- Economic damages include medical expenses, funeral costs, loss of future earnings, and loss of services the person would have provided.
- Non-economic damages include the mental anguish and grief of the decedent’s survivors; loss of protection, guidance, and care provided by the decedent; and, loss of consortium for a deceased spouse.
- Punitive damages are not available in every case or in every state. Punitive damages are intended to “punish” the at-fault party for intentional acts or grossly negligent acts that caused the death of another person.
State Laws Vary for Wrongful Death Claims
Wrongful death claims arise from a variety of accidents including vehicle crashes, workplace accidents, medical malpractice, defective products, and premises liability cases (slip-and-fall accidents). Each state has its own wrongful death statute that governs the elements of a wrongful death claim, the damages available to the family, and who may file a wrongful death claim.
Most state laws refer to the parties who are entitled to file a wrongful death claim or lawsuit as “real parties in interest.” Parties that may file a wrongful death claim include:
- Spouses and children – All states permit the spouse and children of the decedent to file a wrongful death action. If the deceased person was not married or did not have children, the parents can recover damages in a wrongful death claim.
- Financial dependents – Some states permit household members who are financially dependent on the deceased person to file a wrongful death claim (i.e. stepchildren).
- Life partners – Some states have adopted wrongful death laws that recognize the right of a life partner to seek damages in a wrongful death claim when their partner is killed by a negligent or intentional act.
- Other family members – Other family members may be entitled to file a wrongful death claim; however, many states require that the decedent does not have a spouse, children, or parents before other family members are entitled to file a wrongful death claim.
- Personal Representative – In some states, family members are not entitled to file a wrongful death action. The executor or personal representative of the decedent’s probate estate must file the wrongful death action on behalf of the estate. Any funds received by the estate from the wrongful death lawsuit are distributed to the heirs according to the terms of the will or state intestate laws.
Because the laws of each state vary, you should consult with an experienced wrongful death attorney to determine if you have standing to file a wrongful death claim.
Why do I Need a Personal Injury Attorney for a Wrongful Death Claim?
The laws governing wrongful death claims are complicated and complex. You need a personal injury attorney who has extensive experience handling wrongful death cases to represent you as you seek justice for your loved one.
Only an experienced wrongful death attorney understands how to properly value a wrongful death claim and calculate the damages you are entitled to receive from the at-fault party. Calculating damages is a crucial element of filing a wrongful death action. You need the experience of an attorney to assist you with ensuring that you receive the maximum compensation allowable by law for your claim.
