Legally speaking, wrongful death is a term used to describe the untimely and preventable passing of an individual that is caused by the negligent actions or misconduct of another party.
However, the negligent death of a loved one is so much more to those affected by the loss.
At Berry Law, we want to empower surviving family members to understand what wrongful death is and the legal options available for recovering compensation with the help of our wrongful death lawyers.
What Causes Wrongful Death?
These deaths typically occur due to negligence or a deliberate act that leads to the death of another person. Common causes include:
- Car accidents
- Work-related accidents
- Defective products
- Criminal acts
In essence, any situation where a person’s death could have been prevented if the responsible party had taken proper precautions or not acted recklessly can be considered wrongful.
How Do I Know If a Death is Wrongful?
Consulting a lawyer is the best way to understand if a death is considered wrongful. However, some key factors that could indicate a loved one’s passing was due to negligence include:
- The death was caused by the actions of another person or entity
- The responsible party failed to fulfill their duty of care
- Negligent behavior directly led to the death
Factors that do not necessarily indicate wrongful death include:
- Deaths caused by natural causes or illness
- Self-inflicted deaths
- Accidental deaths that were truly unforeseeable and could not have been prevented
Each case is unique, and an award-winning personal injury law firm can determine if a death is considered wrongful.
What Can I Do If My Loved One Died Because of Someone Else’s Negligence?
Often, the best thing to do is to seek compensation through a wrongful death lawsuit. This type of lawsuit seeks to hold the responsible party accountable for their actions and recover damages for the losses incurred by the surviving family members.
Other actions that surviving family members may also consider under the guidance of their lawyer include:
- Bringing criminal charges against the responsible party if their actions were intentional or malicious
- Seeking compensation through insurance policies that may cover these types of deaths
These actions are not easy to pursue, especially when dealing with the emotional toll of losing a loved one. However, with the help of an experienced and compassionate lawyer, surviving family members can seek justice and closure in the wake of a wrongful death.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Does a Wrongful Death Lawsuit Work?
If a lawyer recommends pursuing compensation through a lawsuit, they will typically follow these steps:
- Gathering evidence: The lawyer will help gather evidence to support the claim that the responsible party’s actions led to the death of a loved one. This may include witness statements, medical records, and any other relevant documentation.
- Filing a complaint: A formal legal complaint will be filed with the court against the responsible party, outlining their negligent actions and how they caused or contributed to a loved one’s death.
- Negotiation or trial: Depending on the circumstances of the case, both parties’ lawyers may negotiate to reach a settlement. If a reasonable settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.
- Financial recovery: If successful, the surviving family members may receive compensation for medical expenses, funeral costs, lost income, and other damages incurred as a result of their loved one’s death.
While it seems straightforward, the truth is that these lawsuits are a complicated process that is best done with the help of a lawyer.
Without one, surviving family members may face multiple obstacles to receiving compensation, including but not limited to:
- Diminished damages: Insurance companies and responsible parties may try to minimize the amount of compensation owed, but a lawyer can fight for maximum compensation on behalf of the surviving family.
- Expiration of the statute of limitations: There is a limited amount of time to file a wrongful death lawsuit, and missing this deadline may result in losing the opportunity to seek justice for a loved one.
- Insufficient evidence: Without proper legal knowledge, it can be challenging to gather and present enough evidence to prove that the death was wrongful. A lawyer can help with the investigation process and ensure all necessary evidence is obtained.
- Denied claims: Insurance companies or responsible parties may deny any wrongdoing and refuse to pay compensation. A lawyer can help appeal these denials and advocate for the rights of the surviving family members.
Furthermore, without the help of a wrongful death lawyer, surviving family members may struggle to navigate the legal system and understand their rights.
A lawyer can provide valuable guidance, support, and representation throughout the entire process, allowing families to focus on grieving and healing.
Who Can File a Claim for Wrongful Death?
Every state defines specific family members who are eligible to file these types of claims or lawsuits. Often, as is the case in Nebraska and Iowa, only a personal representative of the deceased estate may initiate a wrongful death claim or lawsuit.
This person may be:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
- Next of kin
- Friend
- A guardian ad litem
Any of these people could be named as an executor of the estate and may pursue a wrongful death claim on behalf of the surviving family members. When the deceased has no will, the court may appoint an executor or personal representative to handle the legal matters of the estate.
What Compensation is Available in a Wrongful Death Lawsuit?
The types of compensation available in these lawsuits can vary depending on the case’s specific circumstances and in which state the death occurred. However, common types of damages that may be sought include:
- Economic damages: These are financial losses incurred by the surviving family members as a result of the loved one’s death, in addition to those economic expenses incurred by the victim as a result of the accident. These can include funeral expenses, medical bills, lost income and benefits, and other out-of-pocket costs.
- Loss of Support and Companionship: These are intangible losses that cannot be easily quantified but still significantly impact the surviving family members’ lives, and onto which an economic value can be placed. Examples can include loss of companionship or guidance, loss of services, loss of counseling, and loss of advice.
- In Iowa – Punitive damages: In cases where the responsible party’s actions were especially egregious, punitive damages may be awarded. This type of compensation is meant to punish the defendant for their wrongdoing and deter similar behavior in the future. Unfortunately, Nebraska courts rarely recognize punitive damages.
In addition to these, additional legal action may sometimes be taken to recover for pain, suffering, and other non-economic damages suffered by the victim between the time of their injury and their subsequent passing. To recover these damages successfully, it is essential to have a lawyer who can build a strong case and aggressively advocate for maximum compensation.
How Much Is a Wrongful Death Settlement Worth?
While damages and losses must be calculated based on each case’s circumstances, the total settlement awarded can vary greatly depending on various factors. Factors that may affect the amount of compensation awarded include:
- The age and health of the deceased
- The earning potential and contributions to the household income
- The number of remaining dependents
- Any pre-existing medical conditions or disabilities
- The strength of evidence presented in court
- State-specific laws and limitations on damages
Based on these factors, the following family members may generally be awarded amounts that include:
- Surviving spouse: Partners left behind may be compensated for the loss of financial contributions and support that would have been provided by the deceased loved one. If there are no surviving children, the spouse may receive the full amount of the settlement awarded to the victim’s estate.
- Surviving children: If the victim has surviving children, they may receive the settlement proceeds directly but will likely share them with the victim’s spouse if applicable. State laws and the application of any will or trust the victim may have will govern the distribution.
- Parents of the deceased: Surviving parents may be entitled to compensation depending on whether the deceased is a minor or an unmarried adult with no children.
- Next of kin dependents: When the deceased has no surviving spouse, children, or parents, other next of kin such as grandparents or grandchildren may be entitled to full or partial settlements awarded to the estate.
Additionally, the awarded amount may change if the deceased has other debts or expenses that need to be paid. A wrongful death attorney can help determine the potential value of a case and fight for maximum compensation on behalf of the surviving family members.
What are the Filing Criteria for a Wrongful Death Claim?
To recover compensation that matches the level of loss and expenses, it is crucial for surviving family members to meet all filing criteria, including but not limited to:
- Filing within the state’s statute of limitations: Each state has a specific timeframe in which a claim must be filed. Failure to file within this timeframe could result in the loss of the right to seek compensation.
- Providing evidence of negligence: In order to prove wrongdoing, sufficient evidence must be presented that shows that the responsible party had a duty of care towards the deceased and failed to fulfill it, resulting in their death.
- Establishing causation: Surviving family members must demonstrate that the responsible party’s negligence was the direct cause of their loved one’s death.
Meeting these deadlines, filing criteria, burdens of proof, and other legal requirements can be complex and overwhelming for grieving family members. Seeking the guidance of an experienced lawyer can help ensure that all necessary steps are taken to preserve the family’s rights and increase the chances of a successful outcome.
Who Pays for Losses and Damages?
Multiple parties could hold liability for a loved one’s death, including:
- The individual(s) who caused the death: The responsible party or parties may include individuals who acted negligently or recklessly, causing the death of another person.
- Companies/employers: If the death occurred while working or was a direct result of job duties, the employer’s liability insurance may cover the damages.
- Government agencies/institutions: If negligence by a government entity caused a person’s death, they could be held liable for damages.
Depending on the circumstances of the case and who is found to be at fault, compensation for losses and damages may come from various sources. This can include insurance policies, personal assets of the responsible party, or settlement amounts awarded in court.
Purse Justice and Compensation with a Wrongful Death Attorney from Berry Law
Any death is a tragic and devastating event that can leave surviving family members with emotional, physical, and financial burdens.
While no amount of money can replace the loss of a loved one, seeking justice and compensation through a wrongful death lawsuit can help ease some of the financial strain and hold responsible parties accountable.
The team at Berry Law has extensive experience in handling these cases and is dedicated to advocating for the rights of grieving families. Contact us today online or at 402-466-8444 for a free consultation to learn more about how we can help.
