Wrongful death is the death of an individual caused by another party’s negligence or intentional act. Wrongful death actions can include medical malpractice, a fatal injury from a car accident, or a wrongful act like murder.
When a person dies, their surviving family members can pursue a wrongful death case, which seeks financial compensation for their losses and emotional suffering. In general, only the personal representative can seek wrongful death damages.
These compensatory damages can include various expenses, both for the financial damage caused by the person’s death and the emotional harm caused to the decedent’s survivors.
Economic Damages
In a wrongful death lawsuit, economic damages are about the hard financial losses caused by the decedent’s death.
Lost Wages
A wrongful death suit can recover damages for lost wages before a loved one’s death and a portion of the income the deceased person may have made during the rest of their lifetime. For example, if the decedent were in the hospital for three weeks before dying, the lost wages in this period would be included.
A Chicago wrongful death lawyer from our team can also estimate the deceased’s earning potential. If the deceased were in the prime of their life and would have been working for 30 more years, then the lawyer would consider how much they would have made over that time if they had the same job.
Medical Expenses
The deceased person’s estate can seek damages for medical bills incurred before death. Wrongful death cases may also consider any medical expenses of surviving family members that are related to the person’s loss. For example, if the surviving spouse has PTSD and needs medical treatment, this would be considered, too.
Funeral and Burial Expenses
Funeral expenses and burial costs are a significant component of wrongful death claims. The national median cost for a funeral and burial is about $7,848, while a funeral and cremation costs around $6,971 [1].
This component of a wrongful death action includes funeral service fees, a casket or urn, cremation fees, embalming, a funeral plot, and ordering death certificates.
Loss of Support
In a wrongful death lawsuit, loss of financial support considers how the deceased contributed to the family finances and what hardships their death will cause for the family unit. These may be higher if the deceased was the primary breadwinner.
Non-Economic Damages
Losing a loved one is especially difficult when their death was caused by someone else’s negligence. Non-economic damages awarded in a wrongful death case compensate for how the loss has impacted the family.
Pain and Suffering
If the deceased suffered conscious pain before death, the decedent’s estate can seek damages for the pain caused by the accident. For example, in the case of medical negligence, the time that the person spent without proper treatment would be included in wrongful death damages.
Loss of Companionship
While no amount of money can truly compensate for losing a loved one, a wrongful death claim addresses the family’s emotional suffering, such as the absence of companionship, love, affection, and guidance.
Loss of Consortium
Surviving spouses can seek consortium damages from the person responsible. These damages focus on how the wrongful death cut their marriage or partnership short, leaving them without the comfort and security of their partner.
Survival Actions
Survival actions, which are related to wrongful death cases, focus on the economic damages suffered before the person passes away, filed on behalf of the decedent. Instead of considering how family members are affected, a survival claim considers the economic damages and suffering of the deceased.
Recoverable Damages
Recoverable damages include medical costs, property damage, lost wages, pain, and emotional distress. You can also seek punitive damages for a survival claim, unlike wrongful death. These are meant to punish the perpetrator and deter them from causing the same pain to another family. However, they are only available if the at-fault party is still living.
Statute of Limitations in a Wrongful Death Claim
A wrongful death lawsuit statute of limitations is typically the same as other personal injury cases in that jurisdiction. Generally, the statute of limitations is two years, starting when the person dies. Some states may have longer or shorter deadlines.
If it was not immediately apparent that the person died due to a wrongful action, then the family may petition for additional time under the delayed discovery rule. If a government agency was responsible, the statute of limitations may be longer. You must act quickly to ensure that you do not miss this deadline.
Burden of Proof for Wrongful Death Cases
You must have a preponderance of evidence proving negligence for wrongful death claims. Negligence has four aspects: duty of care, breach of duty, causation, and damages. These are defined as the following.
- Duty of Care – The liable party was responsible for acting safely and avoiding injury to others. This responsibility can include following traffic laws, adhering to medical standards, or ensuring a safe workplace.
- Breach of Duty – The liable individual or organization failed to uphold their duty of care. This failure could include driving drunk, not sanitizing equipment, or disregarding safely protocols at a construction site.
- Causation – The responsible party’s breach of duty was a significant factor in the wrongful death case. It’s assumed that if they had upheld their duty of care, the accident would not have happened, and the person would not have died.
- Damages – The deceased’s estate suffered damages. These include economic and non-economic damages.
To prove this, the plaintiff must provide evidence that supports their argument. This proof can include medical reports, expert testimony, eyewitness statements, photos, police reports, and accident reconstructions in the case of a car crash. An attorney can help you gather this evidence and demonstrate how it supports your argument.
Secure Expert Legal Representation!
Losing a loved one is heartbreaking, especially when the loss is due to another person’s irresponsible behavior. Rosenfeld Injury Lawyers can help you file a wrongful death claim to recover compensation for your loved one’s passing.
We work on a contingency fee basis, meaning that our legal fees are deducted from your settlement; you owe us nothing unless we win your case.
Our nationally-recognized law firm has recovered millions in damages for our clients. To schedule your free consultation with an experienced wrongful death attorney, contact us today at (888) 424-5757 or complete our online contact form.
References: [1] The Zebra