A wrongful death occurs when a person is killed or dies as a result of another party’s misconduct or negligence. This can include all kinds of situations such as:
- Murder cases
- Traffic collision cases
- Product liability cases
- Premises liability cases
- Medical malpractice cases
Essentially, any time a person is killed because of another person’s negligence or misconduct, a wrongful death case could be filed.
In wrongful death cases, there is a lower standard of proof than in criminal trials. That makes it simpler for families and loved ones to seek fair compensation for the loss of their loved one. This is also why you may see someone be liable for a wrongful death without being convicted of a criminal offense.
What Are the Elements of a Wrongful Death Claim?
To bring a successful claim for a wrongful death, you will need to show four different things occurred. These include:
- The death of a human
- The fact that the death was caused because of the other party’s intent to harm or because of their negligence
- That you’ve suffered a financial injury as a result of your loved one’s passing
- That there is a personal representative for the estate
Who Is Allowed to File a Wrongful Death Claim?
While there may be many people who have a right to compensation, it’s only the personal representative of the estate who is allowed to bring the claim against the other party. The personal representative can ask for compensation to cover their loved one’s:
- Conscious pain and suffering
- Personal injury
- Expenses that occurred prior to their passing
Once the personal representative receives an award, they can then pass it on to the different parties who are eligible for distributions based on the decedent’s will.
What Kind of Damages and Compensation Can You Expect?
With a wrongful death claim, you can expect to see pecuniary (financial) injury compensation. You may also be awarded compensation for:
- Funeral expenses
- Medical expenses
- Lost prospect of inheritance
- Services
- Loss of support
- Loss of consortium
Punitive damages are also possible. These are damages that are charged to a defendant as a kind of punishment for committing an offense. This is paid on top of compensatory damages and it awarded by the court to punish the defendant. These damages are normally awarded only when the defendant’s conduct was considered to be intentional or grossly negligenct, according to Investopedia.
How Do You Know If a Court Will Award Punitive Damages?
Punitive damages can be ordered, but the court first has to decide:
- If the defendant’s actions were grossly negligent, intentional or malicious
- If similar cases also had punitive damages awarded
If cases like yours received punitive damages, then there is a greater chance that your case will be awarded those damages as well.
What Are Some Examples of Punitive Damages?
Punitive damages can be awarded when the judge and jury want to penalize the person who caused a wrongful death. Punitive damages could include an additional amount of money awarded to the plaintiff for what they’ve gone through. The Surpreme Court in the state provides the guidelines for punitive damages, but there is not usually a maximum. That means that even if the compensatory damages were only $100,000, a judge and jury may decide that an additiona $500,000 is fair in order to penalize the defendant.
Punitive damages may be given if it’s hard to tell how much a person lost because of their loved one’s death. If the person’s injuries or need for care was hard to calculate, that could play a role in determining punitive damages as well. Finally, if the defendant’s conduct was particularly heinous, punitive damages could be quite high.
How Long Will a Wrongful Death Case Take?
A wrongful death case isn’t quick, though some may take only a few months to a year if you choose to settle. In some instances, it can take between one a four years for a case to be resolved. You have to consider that there will be time spent building up your case, waiting to see the financial impact of the person’s death, waiting to see if criminal charges are pressed (and if so, what they are) and other factors that take time. Your attorney can start negotiating on your behalf right away, but you won’t want to settle or agree to a payout unless you know that all factors have been considered.
You may also not be sure if you want to file a case, which can drag out the wrongful death claim longer. It is important to ask a wrongful death lawyer about your case, because everyone’s situation is different. Losing a loved one is difficult, but they will be able to help you decide if you have a strong case. If so, they can help you by negotiating on your behalf or by supporting you if you decide to take the case to trial for a judge and jury to decide on an award.