Losing a loved one is one of the most difficult experiences someone can go through. However, losing a loved one due to another person's careless, negligent, or intentional actions or party is even more difficult.
You likely have many questions and financial obligations created by their death.
Although the specifics can vary, every state in the U.S. allows certain parties to file wrongful death claims. A wrongful death claim can provide financial compensation for losses arising from a family member or loved one's death.
If you think you have a wrongful death claim, a compassionate Austin wrongful death attorney can help determine who might be liable for your loved one's death and hold them accountable.
Do You Have a Wrongful Death Claim?
A wrongful death claim exists when an individual dies due to someone else's legal fault.
Wrongful death claims can result from many different circumstances, both intentional or unintentional, including:
- Assault
- Murder
- Medical malpractice
- Motor vehicle accidents
- Product liability
- Dog bites or attacks
- Premise liability
- Construction accidents
This is far from an exhaustive list. If your loved one died a preventable death, have a wrongful death lawyer assess whether you have a claim.
Who Can File a Wrongful Death Claim?
Specific laws vary from one state to the next. In many jurisdictions, a representative of the survivors (or real parties in interest) must file a wrongful death claim. The representative is typically the executor of the deceased's estate. The real parties of interest can be different between states.
Some of them might include:
- Immediate family members: Immediate family members such as spouses, biological and legally adopted children, and parents of unmarried children can recover through wrongful death claims.
- Partners, dependents, and putative spouses: Some states give a right of recovery to anyone financially dependent on the deceased, such as life partners, financial dependents, and putative spouses. A "putative spouse" is someone with a good faith belief that they were married to the decedent.
- Distant family members: Still, other states permit more distant family members, including siblings and grandparents, to file wrongful death claims. For instance, a grandparent raising a child can file a claim.
- Anyone who suffers financially due to the death: Certain states provide for anyone who suffers financially from a death to bring a wrongful death legal action for lost care or support, even if they aren't related by blood or marriage to the deceased.
Damages in a Wrongful Death Claim
Damages in a wrongful death claim can generally be in two categories: those experienced by the decedent or their estate before or because of their death and those experienced by the decedent's next of kin.
For instance, depending on what caused their death, the deceased's damages might include their:
- Medical expenses
- Mental and physical pain and suffering
- Lost income
- Funeral and burial expenses
The second category of damages aims to compensate the family survivors for their financial and other losses.
Depending on state laws, these damages might include:
- Compensation for the money the deceased would have earned if it weren't for their untimely death beginning from the date they were incapacitated or died through what would have been their anticipated retirement
- Loss of society since their loved one can no longer be with them anymore
- Loss of consortium for being deprived of the decedent's love and companionship – often awarded in cases where an adult parent dies, leaving behind minor children deprived of the guidance of the deceased parent
The Value of a Wrongful Death Claim
The value of a wrongful death claim hinges on many factors that collectively reflect the loss's impact on the surviving family members and the deceased's estate. While it's impossible to place a definitive price on a human life, the legal system provides compensation that acknowledges the emotional, financial, and practical consequences of such a tragic event.
Economic Damages
This category covers the tangible, measurable financial losses incurred due to the death. It includes medical expenses related to the final injury or illness, funeral and burial costs, and any lost income or benefits the deceased would have earned had they survived. Calculating these expenses forms the basis for a significant portion of the claim's value.
Non-Economic Damages
Unlike economic damages, non-economic damages are more subjective and challenging to quantify. They include the emotional and psychological toll the loss takes on the surviving family members. This may involve factors such as the loss of companionship, love, support, and guidance, as well as the pain and suffering experienced by the deceased before passing.
Loss of Consortium
This aspect relates to death's impact on the relationship between a spouse or partner and the deceased. It reflects the loss of intimacy, companionship, and emotional support the survivor experiences due to the untimely death.
Punitive Damages
In some instances where the actions leading to the wrongful death were particularly egregious a court might award punitive damages. These damages punish the responsible party and deter similar behavior. They are less common and typically only apply to cases involving extreme negligence, recklessness, or intentional harm—such as a drunk driving or assault case leading to a wrongful death.
Age and Health of the Deceased
The age and overall health of the deceased play a role in determining the claim's value. For example, younger individuals with promising futures may have a higher estimated economic value than elderly individuals. Additionally, the deceased's health before the incident may influence the potential lifespan and earning capacity.
Liability and Negligence
Establishing liability is a critical factor. If the responsible party's negligence or intentional actions directly caused the death, it strengthens the claim. Evidence demonstrating the degree of negligence or misconduct will impact the ultimate value.
Income and Financial Contribution
The deceased's income and financial contributions to the household are significant considerations. This includes not only current earnings but also potential future earnings, benefits, and other financial support they would have provided throughout their lifetime.
Insurance Coverage
The insurance coverage available, both from the responsible party and any applicable policies the deceased carried, can impact the potential recovery. In some cases, the available insurance limits may cap the maximum compensation a family might receive.
State Laws and Regulations
State laws vary, influencing the types of damages families can pursue and the caps the law imposes on certain categories. Understanding the legal framework governing wrongful death claims in a particular jurisdiction is crucial.
Legal Representation
Having experienced and effective legal representation can significantly influence the outcome of a wrongful death claim. Skilled attorneys can skillfully navigate the legal process, gather compelling evidence, and negotiate on behalf of the surviving family members to secure the compensation they rightfully deserve.
The value of a wrongful death claim is a complex calculation that encompasses a wide range of factors. Each case is unique, and a thorough assessment that considers all relevant elements helps arrive at fair and just compensation for the profound loss suffered by the surviving family members.
When Should You Contact a Wrongful Death Attorney?
It's best to contact a wrongful death attorney as soon as possible after your loved one dies from a preventable injury. When you contact an experienced wrongful death attorney, they can assess your case and determine your next best steps.
Contacting a knowledgeable wrongful death attorney as soon as possible will help secure any pertinent evidence in your claim, protect you from insurance companies and adjusters who don't have your interests at heart, and ensure that you file any necessary legal claims on time.
What Is the Statute of Limitations for Wrongful Death Claims?
The statute of limitations is a legal deadline. In wrongful death claims, the statute of limitations addresses how long the appropriate parties have to file their case after their loved one dies.
It varies between states, although in many states, such as Colorado, California, Florida, Georgia, New York, and Texas, it is two years from the date of the decedent's death. In other states, the statute of limitations may be longer or shorter.
Be sure to check with a seasoned wrongful death attorney in your state to find out how long you have to file a claim. Note that if the decedent suffered an injury days, weeks, or even months before their death, the statute doesn't begin to run until the day they die.
Differentiating Criminal Charges from Wrongful Death Civil Claims
A civil wrongful death claim operates distinctively from criminal cases involving someone's death.
While a civil wrongful death claim and a criminal case can proceed concurrently, they maintain their autonomy. The resolution of one doesn't necessarily influence the other. Nevertheless, a criminal conviction can bolster a civil claim's viability because the burden of proof in a civil claim is significantly lower than in a criminal trial.
In criminal proceedings, establishing guilt necessitates proof beyond a reasonable doubt. In a civil case, demonstrating liability only requires showing that it's more likely than not that the accused party is responsible for the fatality.
It's imperative to recognize that the presence or absence of a criminal charge or conviction doesn't impede your ability to pursue a civil case. To gain clarity on your rights and any question you may have, consult a knowledgeable wrongful death lawyer.
The Dual Nature of Legal Proceedings
Criminal and civil cases stemming from the same incident can coexist within the legal landscape.
This dual nature arises from the distinct objectives each type of case serves.
- Criminal cases: The state initiates criminal proceedings against an individual or entity accused of violating a law to punish the wrongdoer for their transgressions against society. In cases involving a death, charges may range from manslaughter to homicide, depending on the circumstances surrounding the incident. If convicted in a criminal case, the accused may face penalties such as imprisonment, fines, probation, or community service. The state imposes these consequences in the pursuit of justice and public safety.
- Civil wrongful death claims: On the other hand, a civil wrongful death claim is a lawsuit filed by the surviving family members or estate representatives of the deceased against the party believed to be responsible for the death. The case seeks compensation for the losses suffered due to another party's wrongful act or negligence. In such cases, the focus is on providing financial redress to cover various damages, including funeral expenses, medical bills, lost income, and the emotional anguish experienced by the surviving family members. Unlike criminal cases, the aim here is not punitive but rather restorative—to alleviate the financial burdens caused by the loss.
Navigating the Legal Landscape
Given the complexities and nuances of both criminal and civil proceedings, seeking legal guidance from a seasoned wrongful death attorney is imperative. They possess the experience to navigate these intricate legal landscapes, protecting your rights and recovering the compensation you deserve after such a devastating loss.
Contact a Compassionate Wrongful Death Attorney Today
Losing a loved one due to another person or party's negligence is nothing less than devastating. These are typically highly complex and emotionally charged personal injury cases.
Even though no amount of financial recovery can ever replace the loss of your loved one, you and your family still deserve to be treated fairly and have your rights upheld. No one should have to shoulder unnecessary financial burdens while they are grieving. That's where an experienced Austin personal injury lawyer comes in.
If you have recently lost a family member or a loved one under circumstances that might involve someone else's negligent, careless, or intentional actions, it's time to reach out to a lawyer.
Most provide free wrongful death claim evaluations to explain your legal rights. During this meeting, they will explore the circumstances surrounding your loved one's injuries and death and determine what comes next. For many family members, it's pursuing a wrongful death claim.
