It is often assumed that any family member of a loved one who has passed away can file a wrongful death lawsuit. However, that is only partly true.
Many states, including Nebraska and Iowa, have very specific laws dictating who is eligible to recover compensation on behalf of surviving family members when negligent, reckless, or careless actions cause the death of another person.
Understanding the criteria and seeking guidance from a wrongful death lawyer is key to securing a favorable outcome in these cases.
At Berry Law, we want to help surviving family members understand who can file a wrongful death lawsuit and how much compensation may be available to surviving family members.
What Situations Can Someone File a Wrongful Death Lawsuit?
Generally, these lawsuits can be filed when the negligence or intentional actions of another party cause someone’s death. This can include situations such as:
- Car accidents caused by a negligent driver
- Pedestrian accidents involving trucks, cars, and motorcycles
- Workplace accidents caused by unsafe conditions or negligence
- Slip-and-fall accidents caused by negligent premises maintenance
- Product liability cases where a defective product caused someone’s death
In all of these situations, if it can be proven that the death was caused by the actions or omissions of another party, then a lawsuit may be pursued.
What is the Purpose of a Wrongful Death Lawsuit?
Wrongful death lawsuits serve to recover compensation for losses and damages that surviving family members have experienced as a result of their loved one’s death.
No amount awarded in these lawsuits will replace the presence of a loved one taken too soon. However, filing a wrongful death suit can provide financial support for the deceased’s family members, who may be struggling with medical bills, funeral expenses, and lost income.
Additionally, these lawsuits can help provide a sense of justice and closure for the family, as well as hold the responsible party accountable for their actions.
Who is Eligible to File a Wrongful Death Lawsuit?
Eligibility requirements as to who may file the lawsuit vary by state. Most, including Nebraska and Iowa, only allow those named as the personal representative of the estate to file a lawsuit on behalf of surviving family members.
A personal representative may be an executor named in the deceased’s will or an administrator appointed by the court. This person acts as a representative of the estate and has the legal authority to file a lawsuit on behalf of the deceased.
Though a personal representative is usually a close family member, it may sometimes be a trusted friend or attorney. Regardless of who is named as the personal representative, they must act in the best interest of the deceased’s estate and surviving family members.
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Who is Eligible for Compensation in a Wrongful Death Lawsuit?
While the personal representative is the person who may file the lawsuit, any damages awarded will go to the surviving family members and the deceased’s estate. In Nebraska and Iowa, this generally includes:
- a surviving spouse
- children (including adopted and stepchildren)
- parents (if the deceased was a minor)
- other financial dependents of the deceased
- surviving siblings or nieces/nephews (if there are no other eligible family members)
Depending on the state, there may be a specific order of priority for who is eligible to receive compensation, and some states may also allow extended family members or life partners to receive damages.
Consult with a wrongful death lawyer to fully understand applicable state laws and how they may affect eligibility for compensation.
What Damages Can A Personal Representative Sue For?
Wrongful death cases can cover a wide range of damages and losses experienced by surviving family members. Common types of economic and non-economic damages include:
- End-of-life costs such as funeral and burial expenses
- Medical costs related to the deceased’s final illness or injury
- Loss of future income and financial support
- Loss of companionship, guidance, and household services
- Pain and suffering endured by the deceased before their death
It is vital to have a strong legal strategy and representation from an experienced wrongful death attorney to receive compensation for these damages and losses.
How Much Compensation Is Available in a Wrongful Death Lawsuit?
There is no set standard for the amount of compensation awarded in a wrongful death lawsuit. Each case is unique, and the amount of compensation will depend on various factors, such as:
- The deceased’s age
- Their earning potential
- The extent of their pain and suffering before their death
- The degree of negligence or fault of the responsible party
- The impact on surviving family members
These factors help determine the total amount of compensation awarded. However, being awarded a settlement doesn’t mean that the amount will be distributed evenly among spouses or next of kin.
Each state has guidelines regarding wrongful death settlement distribution. In Nebraska and Iowa, settlements are typically distributed as follows:
- Spouses may receive up to 100% of the settlement if there are no children or other claimants.
- If children are involved, they can receive a significant portion of the settlement, potentially shared with the spouse.
- Beneficiaries named in a will are prioritized and can receive their designated shares.
- Parents and other dependents might receive a portion of the settlement if no spouse or children are present.
- Next of kin, such as siblings or extended family, may also be eligible for a portion of the settlement if no immediate family members are present.
Distributions may be adjusted at the court’s discretion, ensuring equitable division among eligible parties. Settlements must be court-approved, and may include allocations for minor children to ensure their financial security.
What is the Process of Filing a Wrongful Death Lawsuit?
This process is complex and often time-consuming, usually following these general steps:
- Consultation with an experienced wrongful death lawyer
- Gathering evidence to support the claim
- Filing a complaint in court and serving it to the responsible party
- Discovery process, where both sides exchange information and documents related to the case
- Negotiations for a settlement or trial proceedings if a settlement cannot be reached
- Distribution of compensation among eligible family members
This process can be lengthy and emotionally challenging. It is important to have a compassionate and experienced lawyer who can provide guidance throughout the process.
How Does a Lawyer Help in a Wrongful Death Lawsuit?
A wrongful death lawyer can provide valuable support with these lawsuits in ways that include:
- Conducting thorough investigations to gather evidence and identify responsible parties
- Calculating damages and advocating for maximum compensation on behalf of the surviving family members
- Handling all legal proceedings, including court filings and negotiations with insurance companies or opposing counsel
- Ensuring that the personal representative is acting in the best interest of all eligible family members and the deceased’s estate
A wrongful death attorney can also help ensure that no critical filing deadlines are missed. In Nebraska and Iowa, the personal representative only has two years from the date of death to file a claim or lawsuit.
During the difficult time of losing a loved one, it’s essential to have a compassionate and experienced attorney to handle the legal process. This support allows family members to focus on healing and remembering their loved one, with the reassurance that their case is being handled with the utmost care.
How Can A Lawyer Help Support a Wrongful Death Claim?
Proving wrongful death in a lawsuit can be challenging, as it requires demonstrating that the defendant’s actions:
- Caused the death of the deceased
- Were negligent, reckless, or intentional
- Directly resulted in damages and losses for surviving family members
To help support the claims made in the lawsuit, a lawyer may require, among other things:
- Medical records
- Police or accident reports
- Witness statements
- Expert testimony
Collecting this evidence can be particularly challenging when dealing with the loss of a loved one, as even simple tasks can often feel overwhelming. A compassionate lawyer can help ease this burden, allowing survivors to focus on their grieving and healing process.
Common Misconceptions About Wrongful Death Lawsuits
There are many misconceptions about wrongful death lawsuits, such as:
- T hey are only applicable to high-profile cases or medical malpractice
- Only immediate family members can file a lawsuit
- A lawsuit can only be filed if death results immediately after the incident occurs
In reality, these lawsuits can apply to any situation where the negligence, recklessness, or intentional actions of another person or entity resulted in someone’s death. Additionally, while immediate family members like spouses, children, and parents are often the primary parties who can file a lawsuit, other relatives or personal representatives of the deceased’s estate may also be eligible, depending on the state’s laws. Moreover, the death doesn’t have to occur immediately after the incident so long as it is a direct result of the wrongful actions.
Wrongful Death Lawsuit FAQs
How do I know if a death is wrongful?
A death is considered wrongful if it was caused by the negligence, recklessness, or intentional actions of another person or entity. If unsure about the circumstances surrounding the death, it is best to consult with a wrongful death attorney who can review the case and provide guidance.
Who will the court appoint as a representative if one isn’t named in the will?
If the deceased did not specify a personal representative in their will, the court will appoint one based on state laws. This person is usually a family member or close friend and may also be eligible for compensation from the wrongful death lawsuit.
What happens if there are multiple responsible parties?
In cases where more than one party is responsible for the death, each party can be held liable for their wrongful behavior. Generally, for financial losses, any of the responsible parties can be required to pay the full amount, and for non-financial losses, the total amount is divided among the responsible parties based on their level of fault.
What is a survival action?
A survival action is a legal claim that is often filed alongside a wrongful death lawsuit. It seeks compensation for any pain and suffering the deceased experienced before their death, as well as any expenses incurred by the estate due to their injuries or illness. A lawyer can advise whether this is a viable option.
Can I contest the appointment of the personal representative?
To contest the appointment of a personal representative, you must provide substantial evidence that the appointed personal representative is not acting in the best interest of the surviving family members or the estate. A lawyer can guide you through this process and determine whether it is necessary to contest the appointment.
Seek Justice For a Loved One With a Wrongful Death Lawyer From Berry Law
The complex nature of wrongful death lawsuits makes it crucial to have an experienced, compassionate, and dedicated attorney to fight for the rights of surviving family members.
At Berry Law, we understand the emotional toll and financial burden of losing a loved one, and we are committed to helping families seek justice through the legal system.
For assistance with the wrongful death claims process, contact our personal injury attorneys today for a free consultation online or at (402) 466-8444.