8 Important Things To Know About Wrongful Death Claims

Losing a family member is painful under any circumstances. When that loss happens because of someone else’s negligence or wrongful actions, the grief becomes even more overwhelming. You’re left with questions, financial burdens, and a sense that justice hasn’t been served.

Wrongful death cases involve complex legal procedures that most families aren’t prepared to handle while mourning. Our friends at Patterson Bray PLLC discuss how these claims require specific knowledge of tort law, damage calculations, and state-specific statutes that govern who can file and what compensation is available. A wrongful death lawyer handles the legal process so families can focus on healing while still pursuing accountability.

What Qualifies As Wrongful Death

Wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional actions. These cases arise from various situations including car accidents, medical malpractice, workplace incidents, defective products, or criminal acts.

The key element is that the death was preventable. If the responsible party had acted with reasonable care, your loved one would still be alive. This legal standard applies whether the death resulted from a split-second decision or ongoing negligence.

Who Can File A Wrongful Death Lawsuit

State laws determine who has legal standing to file wrongful death claims. Most states follow a hierarchy that typically includes:

• Surviving spouses
• Children of the deceased
• Parents (especially if the deceased was unmarried with no children)
• Personal representatives of the estate
• Sometimes siblings or other dependents

Some jurisdictions require the estate’s personal representative to file on behalf of all beneficiaries. Others allow immediate family members to file directly. We help families understand their state’s specific requirements and determine the appropriate party to bring the claim.

Time Limits Matter

Wrongful death claims have strict deadlines called statutes of limitations. These time limits vary by state, typically ranging from one to three years from the date of death. Missing this deadline means losing your right to pursue compensation permanently.

According to the Centers for Disease Control and Prevention, accidents are a leading cause of death in the United States. Many families delay taking legal action because they’re grieving or unsure about their options. We recommend consulting with legal counsel as soon as possible to protect your rights.

Recoverable Damages In Wrongful Death Cases

Compensation in wrongful death cases aims to address both economic and non-economic losses. Financial damages might include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of the deceased’s expected income and benefits
• Loss of inheritance
• Value of services the deceased provided

Non-economic damages cover the intangible losses families suffer, such as loss of companionship, guidance, and emotional support. Some states also allow punitive damages when the defendant’s conduct was particularly reckless or malicious.

How These Cases Differ From Survival Actions

Wrongful death claims are separate from survival actions, though they often arise from the same incident. A wrongful death claim compensates family members for their losses. A survival action recovers damages the deceased could have claimed if they had survived, such as pain and suffering before death or lost wages between injury and death.

Many families pursue both types of claims simultaneously. The damages recovered go to different beneficiaries based on state law.

Insurance Companies Won’t Make This Easy

Insurance companies representing the at-fault party often try to minimize payouts. They might claim the deceased was partially responsible, argue that damages are inflated, or pressure families into quick settlements before the full value is known.

We deal with insurance adjusters regularly and understand their tactics. Our job is to build a compelling case that accurately reflects your family’s losses and counter lowball settlement offers with strong evidence.

Proving Liability Takes Investigation

Successful wrongful death claims require proving that the defendant’s actions directly caused your loved one’s death. This involves gathering evidence like accident reports, witness statements, medical records, employment documents, and testimony from reconstruction or medical professionals.

We work with investigators and specialists who can reconstruct accidents, analyze medical decisions, or evaluate workplace safety violations. This thorough investigation strengthens your case during settlement negotiations or trial.

The Emotional Toll Of Legal Proceedings

Pursuing a wrongful death claim while grieving is difficult. Depositions, document requests, and court proceedings can feel intrusive during a time when you need space to mourn. Having legal representation means someone else handles these demands while keeping you informed about important decisions.

Your family deserves accountability and fair compensation for this devastating loss. We handle wrongful death claims with the sensitivity and tenacity they require, fighting for justice while respecting your need for closure. Contact us to discuss your situation and learn how we can help your family move forward.