Losing a loved one is always a painful and challenging experience, but when that loss is caused by the negligence or misconduct of another party, it can be even more devastating.
In such cases, the legal system provides recourse through wrongful death claims. These claims allow surviving family members to seek justice and financial compensation for their loss.
When you lose a loved one as a result of another’s wrongdoing, you should not wait to seek legal guidance. A San Mateo wrongful death attorney can support you while determining the best course of action for your case.
Understanding Wrongful Death
A wrongful death is a death that occurs at the hands of another. In many cases, these deaths happen unexpectedly due to an accident or unfortunate incident.
A wrongful death claim refers to a legal claim brought against an individual, company, or entity whose negligent, reckless, or intentional actions caused another person’s death. Along with seeking justice, the primary objective of wrongful death claims is to compensate the surviving family members for their loss and to hold the responsible party accountable for their actions.
Wrongful death lawsuits are civil claims. However, it is possible for the responsible party to also face criminal liability if their actions were unlawful. In a civil lawsuit, the result is monetary damages, while a criminal case can result in several penalties, including jail time and fines.
Common Examples of Wrongful Death Cases
A wrongful death can result from a variety of circumstances. However, some cases are more common than others, including the following.
Car Accidents
Automobile accidents are among the leading causes of wrongful death. These cases frequently involve negligent drivers who were distracted, intoxicated, speeding, or violating traffic laws.
Truck Accidents
A truck accident wrongful death occurs when a victim loses their life due to the negligence or misconduct of a truck driver, trucking company, or other responsible party. These cases often involve driver fatigue, reckless driving, improper vehicle maintenance, or overloaded cargo.
Motorcycle Accidents
A motorcycle rider can lose their life due to another driver’s negligence or wrongful actions, defective road conditions, or a faulty motorcycle part. These accidents are often caused by distracted driving, speeding, failure to yield, or impaired driving.
Pedestrian Accidents
Pedestrians can become fatally injured due to the negligence or reckless actions of a driver, poorly maintained roadways, or other hazardous conditions. Common causes of these incidents include distracted driving, speeding, and failure to yield.
Premises Liability Incidents
Property owners must maintain safe premises for visitors. If they fail to address hazardous conditions, fatal accidents may result. Serious falls, swimming pool accidents, and inadequate security leading to violent attacks are all common examples of incidents that can lead to wrongful death claims.
Construction Accidents
Construction sites are inherently dangerous locations. Construction workers can lose their lives due to unsafe working conditions, defective equipment, or violations of safety regulations. Deaths on construction sites are often caused by falls, electrocutions, or being struck by falling objects, among many other incidents.
Criminal Acts
Intentional acts of violence, such as assault, homicide, or manslaughter, can also form the basis of a wrongful death lawsuit, separate from criminal prosecution.
Who Is Allowed to File a Wrongful Death Claim?
Several important details are unique to wrongful death cases, one of which is who is allowed to file the case.
Not just anyone can file a wrongful death claim after the death of a loved one. The laws vary by state, but in most jurisdictions, only the following parties are eligible to file a claim:
- Spouses: A surviving spouse is typically the first party with the right to bring a wrongful death claim.
- Children: Children of the victim may file a claim for the loss of their parents.
- Parents: Parents of a deceased minor or adult without a spouse or children can often pursue a wrongful death lawsuit.
- Estate Representatives: In some cases, the personal representative of the victim’s estate files the claim on behalf of the beneficiaries.
Some states are stricter than others when it comes to filing wrongful death claims. For example, certain family members in California, like a surviving spouse or children, can file an action if there is no spouse. Conversely, in Florida, only the estate’s personal representative may file the claim for the survivors’ benefit.
It is important to determine how your state’s wrongful death laws work. A wrongful death attorney can explain the rules in your state to ensure your claim is filed correctly.
Elements of a Wrongful Death Case: What Do You Need to Prove?
A wrongful death can arise for many reasons, but most cases involve negligence. Negligence refers to the failure to act in a reasonable manner, given the circumstances. There are four key elements to prove establishing a party’s negligence: duty, breach, causation, and damages.
First, you must establish that a duty of care existed. It means the defendant owed the victim a duty of care. The duty of care depends on the situation. For example, a driver has a duty to drive responsibly and obey traffic laws, while a medical provider has a heightened duty of care, given the nature of their profession.
Once you’ve established that the defendant owed your loved one a duty of care, you must show how they breached their duty. For example, if your loved one was killed in a truck accident caused by the driver, you can show that the driver breached their duty by driving distracted or impaired.
Next, you must exhibit the connection between the defendant’s breach of duty and the victim’s death. The defendant’s wrongdoing must be the actual and proximate cause of your loved one’s passing.
Finally, you must demonstrate that the wrongful death caused damages, including monetary and non-monetary losses.
Depending on the circumstances, proving every element needed for a wrongful death case can be particularly challenging. It is just one of the reasons why it is critical to have proper legal representation. A wrongful death attorney can skillfully navigate your case and prove all vital details to ensure the responsible party is held accountable and you can secure a fair financial recovery.
Types of Damages Available in Wrongful Death Cases
Compensation in wrongful death cases aims to alleviate the financial and emotional burden on surviving family members. These damages generally fall into the following categories:
Economic Damages
Economic damages involve the financial losses associated with the untimely death, including:
- Medical expenses related to the victim’s final injury or illness.
- Funeral and burial costs.
- Loss of the victim’s income and future earning potential.
- Loss of benefits, such as health insurance or retirement contributions.
Because economic damages represent tangible losses, evidence is often readily available to provide adequate proof.
Non-Economic Damages
Non-economic damages involve the non-financial losses incurred after the death of a loved one, which can include:
- Pain and suffering experienced by surviving family members.
- Loss of companionship, care, and guidance.
- Emotional distress and trauma.
Unlike economic damages, non-economic damages are intangible in nature. Therefore, more evidence is often needed to substantiate these losses.
Punitive Damages
Punitive damages are unlike compensatory damages, as they do not aim to compensate surviving families for their losses. Instead, in cases involving gross negligence or intentional wrongdoing, courts may award punitive damages to punish the at-fault party and deter similar conduct in the future.
Evidence Often Used to Prove Wrongful Death
Proving wrongful death requires substantial evidence. Not only will you need to prove the cause of the death, but you’ll also need to show that the at-fault party was the direct cause of the victim’s passing.
Some of the most commonly used forms of evidence for wrongful death cases include, but are not limited to:
- Medical records and autopsy reports.
- Eyewitness testimony.
- Expert testimony (medical experts, accident reconstructionists, financial analysts, etc.).
- Surveillance footage or photographs from the scene.
- Police reports and official investigations.
- Employment and financial records to establish lost income.
The type of evidence and documentation that most benefits a wrongful death case highly depends on the circumstances. A wrongful death attorney can evaluate the situation to determine what evidence is available and valuable to build and strengthen your case.
Statute of Limitations for Wrongful Death Cases
After losing a loved one unexpectedly, you need time to grieve. For this reason, it is entirely understandable that the pursuit of justice would not be at the forefront of your mind, especially if you don’t want to relive the details that led to your loved one’s death. Still, it is important to keep in mind that time is limited to take legal action, and waiting too long can negatively impact your future case.
Each state has a specific time limit, known as the statute of limitations, for filing a wrongful death lawsuit. This period typically ranges from one to three years from the date of death. The right to seek compensation may be lost if the lawsuit is not filed within this timeframe.
Acting quickly ensures that key evidence is preserved and legal deadlines are met. Therefore, as soon as you can, speaking with a wrongful death attorney is essential. A lawyer can provide much-needed guidance and clarity and begin working on your case right away. The sooner you hire legal representation, the quicker they can get you on the path toward justice and financial recovery.
The Role of a Wrongful Death Attorney
Navigating a wrongful death claim can be overwhelming for grieving families. An experienced wrongful death attorney provides invaluable assistance in many ways, including the following:
- Conducting a thorough investigation to gather evidence.
- Identifying all liable parties.
- Handling negotiations with insurance companies.
- Calculating the full extent of damages.
- Filing all necessary legal documents.
- Representing the family in court, if necessary.
Having a wrongful death lawyer handling your case can make all the difference. A lawyer can utilize their skill and experience to protect your rights and interests and get you the best possible case result.
The Benefits of Hiring a Legal Representative
A wrongful death claim is a complex legal process requiring in-depth knowledge and competence. Hiring an attorney increases the chances of securing fair compensation. An attorney provides:
- Legal skillfulness: A lawyer thoroughly understands state laws and legal procedures.
- Resourcefulness: An attorney provides access to expert witnesses and investigators, which are often key in wrongful death cases.
- Negotiation skills: A lawyer is well-versed in dealing with insurance companies and defense lawyers. They can provide an advantage and ensure you receive the most favorable settlement.
- Peace of mind: An attorney allows the family to focus on healing while they handle the case from beginning to end.
Dealing with the mental and emotional toll of wrongful death is enough without also having to worry about handling your legal case. Hiring a wrongful death lawyer ensures your case is in a professional’s hands, giving you the time and space to grieve and spend time with loved ones.
Following a Wrongful Death, Seek Justice and Compensation with a Skilled Lawyer
The loss of a loved one due to someone else’s negligence or misconduct is a profound tragedy. While no amount of money can replace a lost life, pursuing a wrongful death claim can provide financial stability and ensure the responsible party does not escape liability for their terrible actions. If your family is facing such a situation, hiring an experienced San Mateo personal injury attorney is the best way to ensure justice is served and your rights are protected.
If you have lost a loved one due to wrongful death, do not wait to take legal action. Contact a skilled wrongful death lawyer right away to discuss your case and begin the journey toward justice and compensation.
When searching for a wrongful death attorney, look for someone who offers a free consultation. This meeting allows you to discuss the details of your case, ask questions, and determine if the attorney is the right fit for you. It's also an opportunity to gain a better understanding of the legal steps in a wrongful death case and what to expect moving forward.
