Wrongful Death

When the loss of a loved one results due to the recklessness of another, it can magnify the experience of an already tragic event. In order to find some peace, survivors of the deceased can file a wrongful death claim. This claim can be brought against the responsible parties and damages can be recovered.

What qualifies as a wrongful death claim? What kind of damages can be recovered? Here’s what you need to know about wrongful death settlements.

What Is a Wrongful Death Claim?

A wrongful death claim can be made when a person dies as a result of another party’s negligence or recklessness. Unfortunately, this is a common occurrence in car accidents. Companies, government agencies, and motorists can be legally at fault for the fatal accident. For instance, if a rideshare driver or trucker caused the collision, their employers may be found partially or entirely responsible for the fatality. Similarly, if the accident resulted from poor roadways, the city could be held accountable. 

In order to qualify as wrongful death, it must be proven that the other party acted negligently. In order to prove this, “duty of care” must first be established. Essentially, a duty of care is a legal obligation for one party to act in accordance with set standards or rules when performing an act that could potentially harm others if disobeyed.  Operating a motor vehicle while under the influence of alcohol is a prime example of breaching a duty of care. 

Who Can Sue?

Either the qualifying plaintiff or the plaintiff’s representative, like an attorney, can file a wrongful death claim. Eligibility to file a claim will vary by state. However, overall, surviving family members who qualify to file a wrongful death claim include the following.

Immediate Family Members

Immediate family members like children and spouses can recover damages under wrongful death suits in all states. This also includes parents of unmarried children and adopted children.

Life Partners, Putative Spouses, and Financial Dependents

A right of recovery is possessed by a domestic or a life partner. Additionally, some states allow anyone who was financially dependent on the deceased and putative spouses to recover damages in a wrongful death claim.

All Persons Who Suffer Financially

In some states, people who have financially suffered resulting from the wrongful death can recover damages. In these cases, the individuals don’t have to be related by marriage or blood to the decedent.

Distant Family Members

Depending on state laws, more distant family members might also be able to bring wrongful death lawsuits. This can include sisters, brothers, and grandparents.

Parents of a Deceased Fetus

The death of a fetus can be the foundation for a wrongful death claim in some states. In other states, this does not qualify as the basis for a wrongful death lawsuit.

You will want to consult with an experienced wrongful death lawyer to determine whether your state law allows you to bring a wrongful death claim depending on your relationship with the decedent.

Who Is Liable?

This type of lawsuit can be brought against individuals, employees, companies, and government agencies. As an example, let’s take a look at a scenario where death resulted from a car accident that involved a drunk driver and a faulty roadway. In this instance, the lawsuit might involve defendants including:

• The employer or driver that is at fault in the car accident
• The government agency that did not repair the damaged roadway that contributed to the accident
• The builder or designer responsible for the faulty roadway
• The person who gave, served, or sold alcohol to the drunk driver
• The installer, distributor, or manufacturer of a faulty component of the automobile
• The owner of the establishment who served the impaired driver

There are certain circumstances where certain agencies or persons are immune from this type of lawsuit. This means that you cannot bring legal action against them for wrongful death. The parties that receive immunity differ between states.

Companies that could fall under this type of protection include rideshares, like Uber and Lyft. While it’s not impossible to win a case against such large companies, it is often more difficult. They have carefully mapped out clauses and stipulations in place that allow them to separate the company from their contracted drivers in the event of an accident. 

However, that does not mean that Uber or Lyft is not liable. Because the legal proceedings can become very complex when involving large corporations, it’s always best to consult with an experienced law firm. Their attorneys should have years of experience dealing with wrongful death cases involving rideshare companies. 

Recoverable Damages

The term “damages” refers to the categories of losses that a survivor might have the right to receive compensation for. Some of these categories include:

• Funeral and burial costs
• The cost of medical treatment incurred by the deceased victim as a result of injury before death
• The pre-death “pain and suffering” of the deceased person
• The loss of expected income from the deceased person
• Los of guidance and nurturing that would have otherwise been provided by the deceased person
• Loss of consortium (family relationship)
• Loss of companionship and love
• Value of the services that would have been provided by the deceased
• Loss of inheritance that results from the wrongful death

Because there is so much variation between cases and circumstances, there isn’t any such thing as a typical wrongful death claim settlement amount. Some cases are settled before they get to trial, while others might go through the court system.

Qualified Wrongful Death Attorney 

Losing a loved one is probably one of the hardest things an individual can go through. The experience of suffering can be magnified by the reality that, if someone else had acted with proper responsibility, your loved one might still be here today. While a wrongful death claim can’t bring your loved one back, it can offer support for financial and emotional damages.

If someone you love has died as a result of someone else’s negligence, you might be considering whether or not you can file a wrongful death lawsuit. Consulting with a wrongful death lawyer is your next step, as they can help you navigate the entire process. 

Contact Alpha Accident Lawyers today. We offer a free case assessment that can provide knowledge and insight into what to expect when filing a wrongful death claim.