Losing a loved one under any circumstances is tragic and life-changing. When your loved one’s death is due to personal injuries caused by someone else’s negligence or wrongful act, the incident can become absolutely devastating. The first step to seeking justice for your loved one is to learn how a wrongful death lawsuit works.
Take a closer look at what this legal process involves and how you can pursue justice on your loved one’s behalf with the help of a wrongful death lawyer.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of personal injury claim filed when an incident results in fatal injuries. This lawsuit is filed by surviving family members or representatives of the deceased’s estate against the party responsible for the incident. A wrongful death suit usually has several goals, including:
- Recover compensation for losses related to the death
- Hold the at-fault party accountable for their negligence
Surviving family members may be able to recover compensation for funeral costs, medical expenses, lost income, and emotional suffering. The surviving spouse may also be able to seek compensation for loss of companionship, which is sometimes referred to as “loss of consortium.”
Proving a Wrongful Death Case
So how does a wrongful death lawsuit work in a typical case? Generally, a wrongful death lawyer must prove the following elements to seek compensation for the surviving family members of the deceased:
Duty of Care
Your lawyer will first need to show that the defendant owed a duty of care to the deceased person. For example, a doctor owes a duty of care to a patient. Similarly, a driver must operate their vehicle safely and owes a duty of care to other drivers, pedestrians, and other persons on or near their vehicle.
Breach of Duty
A wrongful death attorney must then prove that a breach of duty occurred. This means that the negligent party somehow failed to uphold their duty of care. For instance, a driver could breach their duty of care by driving carelessly or operating their car while under the influence of drugs or alcohol.
Causation
The third element of a wrongful death lawsuit is causation, which proves the other party’s negligence directly caused the death. Proving causation often requires testimony from a relevant expert and other detailed evidence. An accident reconstruction expert, for example, can help prove that the responsible party caused a death in a car accident.
Establishing causation in a wrongful death case can be incredibly challenging, especially when there are multiple parties involved or confounding factors at play. This is often the case for wrongful death cases involving medical malpractice, which typically involve a number of healthcare professionals.
Matters can become more complex when the deceased person has serious underlying health conditions that may have contributed to their death. This is why it’s vital that you choose an experienced legal team to represent you in a wrongful death case.
Losses
A wrongful death claim must show that the death resulted in financial and emotional losses to immediate family members. While the incident likely impacted distant family members as well, only certain family members can initiate a wrongful death claim. Typically, children, parents, spouses, and siblings are considered immediate family members.
Alternatively, the deceased person’s estate can file a death lawsuit on behalf of the victim. However, the decedent’s estate simply initiates the claim on behalf of immediate family members. If the deceased person’s estate recovers financial compensation, the money is awarded to eligible direct family members.
Parties Liable for Wrongful Death
A wrongful death claim may involve multiple at-fault parties. In this case, a wrongful death attorney would need to establish a duty of care, breach, and causation for each party. In other instances, the wrongful death claim may be brought against a single party, which may include the following:
Individuals
A person can cause a wrongful death through negligent or intentional actions. Causing a fatal car accident by driving carelessly is an example of negligent behavior. On the other hand, an intentional violent act can also cause wrongful death. In this scenario, eligible family members may be able to pursue both criminal charges and civil remedies.
Many wrongful death cases are directed at an individual, but it’s important to determine whether other parties could have contributed to any incident. For example, a trucking company could be held liable in a wrongful death claim in addition to the at-fault driver, if the company negligently hired them.
In this case, your lawyer would look for indicators that the company should have known the driver was risky, such as a long history of safety violations and careless behavior.
Employers
If someone is killed due to workplace negligence, the employer might be held responsible. These types of wrongful death lawsuits can be especially challenging because your attorney must differentiate between normal workplace risks and negligence.
Some professions are risky by nature, such as construction and industrial manufacturing. Employers still have a duty to maintain a safe work environment for their staff in any field, though.
Medical Professionals
Healthcare providers and medical organizations can be held liable for malpractice that results in wrongful death. These types of cases might be complicated by the deceased person’s underlying health history and the inherent complexities of surgical procedures.
Even so, it is still possible to hold negligent healthcare providers accountable for their mistakes and obtain wrongful death compensation if those mistakes fall under negligence.
The Lawsuit Process
If you are considering legal action after your loved one’s passing, it’s essential to understand the basics of how a wrongful death lawsuit works. The process generally involves these key steps:
Claim Evaluation
You’ll need to begin by having a lawyer review your wrongful death claim and determine whether you have grounds to file a lawsuit. Keep in mind that you must file a wrongful death claim within the statute of limitations.
In California, you have two years to initiate a wrongful death claim. While that may sound like plenty of time, evidence could be lost with every day that passes. That’s why you need to act fast.
While you can file a claim on your own, the legal process is complicated. To make matters worse, the other party’s insurance company may reach out to you and try to convince you to settle the matter outside of court.
It’s important to note that the insurance company is not on your side. They usually want to pay as little as possible in a wrongful death case and avoid drawn-out legal proceedings.
You shouldn’t sign anything or accept any wrongful death settlement without talking to an attorney. An experienced legal professional can evaluate your wrongful death lawsuit’s worth and help you decide whether the settlement offer is fair.
Investigation
Once you hire an attorney, they can gather evidence and investigate the circumstances surrounding your loved one’s death. This process may involve the following:
- Reviewing police reports
- Talking to eyewitnesses
- Working with subject matter experts
- Collecting medical records
The goal is to build a strong case on your behalf. Your wrongful death attorney can use this information to prove wrongful death occurred and negotiate with the other party on your behalf. Any evidence related to the deceased person’s death can be useful in strengthening your position.
Filing of the Complaint
Next, your attorney can file a wrongful death claim with the appropriate civil court. The documents your attorney submits will outline the case and the damages you are seeking. Just because you file a wrongful death claim does not mean your case will go to court.
Many wrongful death lawsuits are settled outside of court. However, both parties must agree to a settlement. You should not settle if the other party is submitting lowball offers that do not even cover basic funeral expenses and medical bills.
Your attorney can help you navigate the complex legal process that begins when you file a wrongful death claim. This involves communicating with the other parties and their legal representation so that you can focus on the emotional and financial needs of your family.
Discovery Phase
During the discovery phase, both parties exchange evidence and conduct depositions to build their cases. Your attorney can use this opportunity to gather supporting evidence that may not have been available to them earlier in the legal process.
While the discovery phase may sound stressful, you will likely have very little involvement during this process. Your attorney should handle everything. They will keep you in the loop about important deadlines and guide you through any additional steps you need to complete.
Settlement Negotiations
Once you file a wrongful death claim, the other party and their insurance company will likely try to settle the matter out of court. This is because getting a case before a judge can take months. It’s also a very expensive process that could tarnish the other party’s reputation.
Settling wrongful death lawsuits out of court can be especially common when the negligent party is a healthcare provider or business. With that in mind, it’s important to talk to your attorney about your expectations regarding a potential settlement.
You should also speak to them before sharing any public information about the lawsuit. Anything you say could be used against you or inadvertently interfere with your wrongful death lawsuit.
Trial
If the other party is unwilling to offer a fair wrongful death settlement, your attorney may recommend taking the matter to trial. During a trial, a judge or jury will determine liability and award damages. If the case goes in your favor, the judge will determine how much compensation you are entitled to.
While going to trial can result in a larger award than a wrongful death settlement, it can also be time-intensive. Your attorney can review any settlement offers with you and make recommendations based on your unique financial and legal situation.
For some, going to trial makes sense. For other clients, it may be best to settle a wrongful death lawsuit as quickly as possible.
Damages in a Wrongful Death Lawsuit
The compensation that you may be entitled to in a wrongful death lawsuit might include:
- Economic Damages: For monetary costs such as medical expenses, funeral costs, and loss of income
- Non-Economic Damages: For loss of consortium, pain and suffering, and loss of emotional support
Your lawyer will work with you to ensure the damages you seek will sufficiently cover your losses.
Settlements and Payment
The majority of personal injury lawsuits end in a settlement. The same holds true in wrongful death cases. In this scenario, the other party compensates you without going to trial. The amount the other party offers will vary based on several factors, including:
- The strength of the evidence
- Insurance policy limits
- The financial impacts of the loss
- Legal arguments presented by the attorneys
Medical records and evidence of the financial support that the deceased provided your family are critical when negotiating a settlement. The other party may be more likely to offer a fair settlement if your attorney presents compelling evidence on your behalf.
Once you and the other party come to terms, you will be given a legally binding agreement. You should receive payment within a few weeks of reaching the settlement, minus any attorney fees and other expenses. Your lawyer will keep you apprised of any deadlines and help you resolve the matter as efficiently as possible.
The Role of a Wrongful Death Lawyer
Wrongful death cases are emotionally challenging and complex. That’s why you need a reputable lawyer in your corner. An experienced attorney can explain how a wrongful death lawsuit works in detail and guide you through every step of the process.
Your attorney will typically help you do this via a civil lawsuit. They can investigate the case and provide timely legal guidance so that you can make a decision that is best for both you and your loved ones.
Your legal team will also negotiate a settlement on your behalf and take the case to trial if necessary. The ultimate goal is to hold the responsible party accountable.
Schedule a Free Consultation Today
Understanding how a wrongful death lawsuit works is crucial to seeking justice for the victim’s death. The wrongful death attorneys at Delfino Green & Green have a proven track record of success in fighting for families that have suffered the tragic loss of a loved one in San Francisco and beyond.
Schedule a free consultation with us to explore your legal options today.