Why You Need a Wrongful Death Lawyer and How to Choose the Right One

The death of a loved one is always tragic. However, when that death is caused unexpectedly due to another’s negligence or misconduct, the pain is compounded. Pursuing justice through a wrongful death lawsuit is complex.

The right wrongful death lawyer can help you get accountability and closure. In such cases, a wrongful death lawyer can help secure justice and financial compensation. This article explains what a wrongful death claim entails and how to select the right attorney to handle your case.

Understanding Wrongful Deaths

A wrongful death occurs when someone dies due to another person or entity’s reckless actions or negligence.

According to the Centers for Disease Control and Prevention (CDC), there were 224,935 unintentional injury deaths in the United States in 2021, a staggering number pointing to the frequency of such incidents. Wrongful deaths stem:

• Carelessness: Fatal mistakes and oversights.
• Negligence: Failure to exercise reasonable care. 
• Intentional Misconduct: Deliberate harmful actions.
• Criminal Conduct: Acts in violation of the law.

Individuals, corporations, and government agencies can be at fault for wrongful deaths. Common examples include medical malpractice, car accidents, defective products, unsafe premises, police brutality, and nursing home abuse.

Wrongful Death Lawsuits vs. Criminal Cases

A wrongful death lawsuit is a civil case brought by family members seeking financial compensation for their loss. This type of lawsuit is separate from criminal homicide prosecutions, which are handled by a state or district attorney and seek to impose penalties like fines or imprisonment.

If you are located in California and looking for an experienced wrongful death lawyer, consider contacting skilled California Wrongful Death Lawyers who can evaluate your case and advise you of your legal rights and options. They can also determine if you have grounds for a wrongful death lawsuit, guide you through the process, and help maximize your compensation. Some of the major differences:

Burden of Proof: In civil wrongful death lawsuits, the plaintiff must prove their case by a preponderance of the evidence, a lower threshold than the beyond reasonable doubt standard in criminal cases. This makes it comparatively easier to establish liability and damages.

Purpose: Wrongful death lawsuits aim to compensate the deceased’s family for losses like emotional suffering, loss of income, and companionship. Criminal cases serve to punish defendants on behalf of the state and society at large. 

Damages vs. Penalties: Wrongful death lawsuits typically lead to monetary settlements or jury awards if negligence is proven. But criminal convictions lead to harsher punishments like hefty fines, lengthy prison sentences, probation, or even capital punishment in some states.

Parties: Wrongful death lawsuits are pursued by the deceased’s family or estate. Criminal cases are handled by the state’s prosecutors on behalf of the people.

Punitive Damages: Plaintiffs in civil wrongful death lawsuits can also seek additional punitive damages to punish wanton disregard for human life. But criminal charges already pursue punishment.

Liability Insurance: Damage awards in wrongful death lawsuits are often covered by defendants’ liability insurance policies. Criminal fines and penalties are paid out of pocket.

Wrongful death lawsuits also differ from survival actions that allow a deceased person’s estate to sue for damages the dead could have claimed if still alive.

Proving a Wrongful Death Lawsuit

Proving a wrongful death lawsuit shares similarities with other personal injury cases. Key elements the plaintiff must establish include:

Duty of Care: The defendant owed a duty of reasonable care to the deceased by virtue of a relationship or circumstance that required care and caution. For instance, drivers have a duty of care towards pedestrians and other motorists.

Breach of Duty: The defendant breached their duty of care through reckless actions, negligence, or intent. Evidence must show the defendant failed to act with reasonable prudence and caution.

Causation: The defendant’s breach of duty directly caused the death. The negligence or misconduct was a substantial factor without which the death would not have occurred. This is usually established through investigations, police reports, medical tests, and expert testimony.

Compensable Damages: The death and associated losses have resulted in quantifiable financial and emotional damages for eligible surviving claimants. Common damages include loss of income and benefits, medical and funeral bills, pain and suffering of family members, and loss of the deceased’s companionship.

Overcoming Defenses: Defendants may raise comparative negligence defenses claiming the deceased person also acted carelessly. But contributory negligence is generally not an absolute defense against wrongful death. Skilled lawyers can refute such defenses effectively. 

Thorough evidence gathering and strategic presentation are vital to prove each element convincingly in court or to compel optimal out-of-court settlements. In 2021, there were 45,404 motor vehicle traffic deaths in the U.S., one of the leading causes of wrongful death. Proving the driver’s negligence caused the fatality is key.

Who Can File a Wrongful Death Lawsuit?

Laws vary by state, but typically the following can pursue wrongful death claims:

• Married partners have the strongest claim.
• Domestic partners – inclusive of long-term couples in several states. 
• Biological and adopted kids are often permitted.
• Parents and siblings may be eligible but require evidence of dependence or loss of companionship.
• Distant relatives usually need to prove substantial loss.
• Financial dependents rely on the deceased’s income.
• Putative spouses – Those who mistakenly believe they are legally married. 

In some states, a personal representative from the deceased’s estate can also file. With 24.8 million physician office visits for unintentional injuries in 2021, there is no shortage of eligible claimants.

Potential Defendants

A wrongful death lawsuit can name one or more defendants who may share liability, such as:

• Drivers, employers, property owners, medical staff, etc., were directly involved in the incident.
• Manufacturers and retailers If a defective product caused the death.
• Government agencies for deaths involving police misconduct, dangerous roads, inadequate care in public facilities, etc.

Establishing negligence or fault on the defendant’s part is key. An experienced attorney can strategize on the liable parties based on the circumstances.

Valuation of Damages

Since no life has a fixed monetary value, quantifying wrongful death damages involves numerous factors, including:

• Deceased’s income, and financial support.
• Age and life expectancy.
• Medical and funeral expenses. 
• Companionship Pain and suffering of relatives.
• Future inheritance.
• Parental guidance for deceased parents of minor children.

Younger victims with high earning potential yield higher damages. The more dependents, the higher the valuation. 

Settlements Are Common

The majority of wrongful death lawsuits are settled before trial. This is often because the liable party’s insurance company opts to settle within policy limits to avoid larger jury verdicts. 

Factors in settlements:

• Strong evidence of liability
• High settlement demand 
• Severity of damages
• Litigation costs
• Desire to avoid negative publicity

Only professional skilled lawyers can broker optimal settlements, though trials are pursued if agreements cannot be reached.

Importance of Timelines

Each state has strict statutes of limitations for filing wrongful death claims, ranging from 1-4 years in most cases. The clock starts ticking from the date of death. 

Exceptions exist for minors and discovery of misconduct after the death. However, it is prudent to take action promptly to avoid exceeding limitations. 

Time is also essential for preserving evidence, finding witnesses, establishing causation, and managing insurance claims. Delays can jeopardize the success of a lawsuit.

Why Hire a Wrongful Death Lawyer?

Pursuing wrongful death compensation involves high legal, medical, and investigatory complexities. An attorney experienced in such cases can prove invaluable:  

• In-depth knowledge of wrongful death laws and the burden of proof.
• Asset in calculating and negotiating fair damage amounts.
• Ability to objectively evaluate the merits of the case.
• Access to medical experts, investigators, and other specialists.
• Understanding of insurance claim processes and liability scope.
• Proficiency in evidence-gathering and litigation.
• Resources to handle the paperwork.
• Compassionate support through the emotional process.

While an immense help, legal fees can be prohibitive. Many lawyers work on contingency, collecting payment from lawsuit proceeds. This allows even bereaved families facing financial constraints to pursue justice.

Bottom Line

Losing a beloved family member is painful enough without the burden of financial hardship from the loss of their income and support.

A wrongful death claim cannot undo the tragedy but can help survivors rebuild their lives after such a profound loss. With an experienced attorney guiding your case, you can secure the maximum compensation you deserve.

Frequently Asked Questions

What is the difference between a wrongful death lawsuit and a criminal homicide case?

Criminal cases are pursued by the state against defendants to impose penalties like imprisonment or fines. Wrongful death lawsuits are civil cases brought by families seeking financial damages for a death that happened due to negligence.

Who can be sued for the wrongful death of someone in a car accident?

Defendants can include the negligent driver, the mechanic if car defects caused the crash, the car manufacturer if faulty design led to fatal injuries, the employer if the driver was working, or government agencies if road conditions were unsafe.  

How does the deceased person’s age and income impact the value of a wrongful death lawsuit?

Younger victims with higher earning potential yield larger damage amounts owing to greater lost income. Higher future income equals higher compensation.