Accidents that leave people injured can be devastating in a variety of ways, but when an accident caused by a negligent party costs someone their life, the deceased individual’s loved ones are left completely shattered and looking for whatever they can do to pick up the pieces in the wake of their loss.
If you have lost a loved one in a preventable accident, you have the right to take legal action to pursue fair compensation for the pain and suffering you have endured. Continue reading below to learn more about wrongful death claims, and contact an experienced Bellingham wrongful death attorney today to schedule a consultation to explore your options.
Overview of Wrongful Death Claims
Wrongful death claims allow a deceased person’s surviving loved ones to seek financial compensation for the negligence or misconduct that resulted in their death. Such claims often happen after fatal traffic accidents, workplace incidents, and other catastrophic accidents. While personal injury claims focus on the victims of the accidents, wrongful death claims provide relief for those left behind by the victim’s death. When you file a wrongful death claim, you not only seek compensation for your losses but also hold the responsible party accountable for the harm they caused you and your family and take a step toward preventing similar accidents from happening to others in the future.
The Importance of Seeking Justice & Compensation
Losing someone close to you — particularly a family member — is a life-altering experience that leaves you with both emotional pain and financial challenges. If the person who died was the provider for your family, this financial burden becomes substantially heavier as you look toward a future without them. Filing a wrongful death lawsuit is an essential part of not only seeking justice for your loved one’s death but also pursuing the compensation you and your family deserve. In addition to holding the party responsible for their death accountable, you can gain relief from the mounting bills resulting from medical expenses, funeral and burial costs, lost income, and more.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by surviving family members in the wake of an accident that took the life of their loved one. Wrongful death claims seek to provide the deceased person’s survivors with compensation for the financial and emotional losses they suffered due to their loved one’s untimely death. Various types of damages can be sought, including economic damages, non-economic damages, and, in some cases, punitive damages. Understanding wrongful death claims, how they differ from personal injury cases, and the common scenarios that lead to such claims as you explore your legal options is important.
How Wrongful Death Claims Differ from Personal Injury Cases
Though wrongful death claims and personal injury cases both involve people seeking compensation via legal means for accidents caused by another party’s negligence or misconduct, they each address different circumstances. A personal injury case is filed by individuals who suffered injuries and are pursuing compensation for their damages. Wrongful death claims, on the other hand, are filed by surviving families when a negligent party’s actions resulted in an accident that caused someone’s death. In addition to addressing potential medical bills and lost income, wrongful death claims also aim to address the emotional impact of losing a loved one and the financial obligations of funeral and burial expenses.
Common Scenarios That Lead to Wrongful Death Claims
Wrongful death claims can result from a wide range of incidents that cause someone’s death due to misconduct or negligence. Some of the common scenarios that often lead to wrongful death claims being filed include:
- Workplace Accidents
- Premises Liability Accidents
- Criminal Acts
Any of the scenarios listed above emphasize the importance of having an experienced lawyer by your side to lead you through the process of seeking justice for your loved one and fair compensation for the harm you and your family have suffered by holding the party (or parties) responsible for your loved one’s death accountable.
Who Can File a Wrongful Death Claim?
Though wrongful death claims provide people with a legal recourse to seek compensation following someone’s death, there are limitations on who is eligible to file such claims. While people beyond the deceased person’s immediate family may be deeply affected by their death, not everyone impacted by the incident is eligible to take action through a wrongful death claim. Understanding who can file a claim, whether you fit into that category and the role the deceased person’s estate representative plays in the process is essential when considering whether or not you want to initiate the process to pursue a wrongful death claim.
Common Eligible Parties
Determining eligibility to file a wrongful death claim often hinges on the relationship with the deceased person. Typically, individuals who were closely related to the victim and are most significantly impacted by their death are eligible, including:
- Spouses
- Children
- Parents
- Siblings
- Estate Representatives
Eligibility to file a wrongful death claim varies from jurisdiction to jurisdiction, so it is vital to consult your lawyer to determine if you are within your rights to pursue a claim.
Verifying Eligibility
Before you go into trouble if you are trying to file a wrongful death claim, it’s important to determine who has the legal right to do so and whether or not you have the standing to pursue the case. While eligibility does vary, generally speaking, if you are an immediate family member of the deceased person, you will be considered eligible to file a wrongful death claim. Courts prioritize closer relatives, but if no other claimants exist, other relatives may be allowed to file a claim. Your wrongful death attorney can walk you through the process of determining if you are eligible.
The Role of an Estate Representative
In many situations, a deceased person’s designated estate representative will play a significant role in filing a wrongful death claim. In some jurisdictions, the estate representative is the only person legally allowed to file a claim, though it is done on behalf of the decedent’s family. In either regard, the estate representative is responsible for filing the claim, managing the situation through its proceedings, and ensuring any awarded compensation is properly distributed to the decedent’s beneficiaries. This designated person is particularly important when the decedent’s estate is the beneficiary of any awarded compensation.
Key Elements in a Wrongful Death Claim
As with any legal matter, certain elements must be established to move toward a favorable outcome. In wrongful death claims, some of these key elements include:
- Duty of Care: Proving that the responsible party owed your loved one a legal duty of care to provide and avoid causing harm.
- Breach of Duty: Demonstrating that the responsible party breached their duty of care due to misconduct or negligence.
- Causation: A legal term that means showing a direct link between the responsible party’s actions and the accident that caused your loved one’s death.
- Damages: Showing how you have suffered emotional and financial harm as the result of your loved one’s death, such as medical bills and funeral costs.
Establishing the elements listed above will help build a strong wrongful death claim.
Compensation That Can Be Sought
There is compensation that may be available in a wrongful death claim that addresses different damages you have incurred. The availability of compensation will depend on the case details, the circumstances surrounding the accident, and other factors. Generally speaking, surviving family members often seek compensation for both economic and non-economic damages following their loved one’s death. Understanding the differences between economic and non-economic damages can be helpful as you consider your options. While your lawyer can explain these matters in greater detail, a basic explanation can be found below.
Economic Damages
Economic damages is a category that encompasses more measurable and straightforward losses you have suffered due to the accident that took the life of your loved one. Economic damages often include:
- Medical Bills
- Funeral Costs
- Burial Expenses
- Lost Income & Financial Support
- Loss of Services
Economic damages are intended to help the surviving family members manage the financial burden left by their loved one’s death.
Non-Economic Damages
Non-economic damages are aimed at addressing the less-quantifiable losses suffered by surviving family members after the accident. Common types of non-economic damages in wrongful death claims include:
- Loss of Companionship
- Loss of Parental Guidance
- Loss of Consortium
- Emotional Distress
- Pain & Suffering
These damages are meant to ease the mental and emotional pain you experience due to the loss of your loved one and the impact their absence will have on the rest of your life. Though these losses are not as measurable as economic losses, they are no less important and deserve to be addressed.
Punitive Damages
In some cases where the court determines that the responsible party’s actions were reckless or intentional, punitive damages may be awarded. While economic and non-economic damages are used to compensate the deceased person’s surviving family members for the financial and emotional harm they suffered, punitive damages are meant to punish the at-fault party and act as a deterrent against engaging in similar behavior in the future. Punitive damages are often awarded in cases of extreme negligence or criminal actions intended to cause harm. Though punitive damages are not always applicable to each wrongful death claim, they can substantially increase the amount of compensation awarded in a wrongful death claim.
Common Challenges in Wrongful Death Claims
Like other legal issues, wrongful death claims can often be complex and involve different obstacles and challenges that complicate your pursuit of compensation. Some of the common challenges wrongful death claimants face include:
- Proving Negligence
- Refuting Eligibility Disputes
- Emotional Strain
- Resistance from Insurance Companies
While these matters are often frustrating and emotionally taxing, a knowledgeable wrongful death attorney can provide you with the counsel you need to make informed decisions and continue your pursuit of justice and compensation after your loved one’s death.
Statutes of Limitations for Filing a Wrongful Death Claim
One of the more pressing factors related to wrongful death claims is the statute of limitations. A statute of limitations is the legal deadline by which action must be taken. The time limit varies by jurisdiction, but in most areas, a wrongful death claim must be filed within one to three years of the victim’s death. Failing to file a claim within this window of time can significantly impair your chances of obtaining any compensation for your loved one’s death, which underscores the necessity to take quick action. Consult with your lawyer in a timely manner to determine the statute of limitations in your jurisdiction and begin the process of filing your claim.
Why You Need an Attorney
Suffering the loss of someone you love is devastating and will impact your life both in the present and into the future. Though much of the emotional pain will last for a long time, the financial burden left by their death is not something you should have to carry for the rest of your life. By working with an experienced wrongful death lawyer, you can take action now and rely on a trained professional to handle the legal process while you grieve and focus on your family.
Trust an Experienced Wrongful Death Lawyer for Help
Christopher C. Walton, Accident Attorney
When you have lost someone you love in an accident caused by another party’s negligence or wrongful actions, you are likely overwhelmed by a variety of emotions and decisions that must be made. Finding the right person to help you find your way through the complicated aspects of this challenging time is important.
By working with a knowledgeable wrongful death lawyer, you can be assured that your rights will be protected and your best interests will be prioritized as you seek to hold the responsible party accountable for the damage they have caused. Reach out to a wrongful death lawyer today to learn more about what filing a wrongful death claim can do for you and your family. Do not delay, call today.