The statistics surrounding wrongful deaths are disturbing as they mean that thousands of families lose their loved ones to preventable accidents each year. More than 250,000 people in the United States lose their lives every year due to medical malpractice, and 11,000 people are killed in accidents involving drunk drivers.
These situations can be emotionally and financially devastating, so we put together this guide discussing everything you need to know about filing a wrongful death claim with HHJ Trial Attorneys.
Understanding Wrongful Death Claims
A wrongful death claim is a legal action brought by the surviving family members of a deceased person against a party whose actions caused the death. In the context of car accidents, fatalities typically result from reckless behavior such as speeding, drunk driving, or distracted driving.
The Phases of Filing a Wrongful Death Claim
Seek Legal Representation
Finding an experienced wrongful death attorney to represent you successfully in a wrongful death claim is crucial. Wrongful death cases can be complex, involving various legal intricacies and challenging negotiations. Attorneys who specialize in wrongful death cases can offer invaluable expertise and support such as:
- Evaluating the merits of your case
- Guiding you through legal proceedings
- Protecting your rights and interests
- Handling communications with all involved parties
- Gathering crucial evidence
- Calculating the damages resulting from the death
- Determining your eligibility to file a wrongful death claim
Determine Eligibility to File a Claim
Not everyone has the legal right to file a wrongful death claim. The laws governing these rights vary by state, but the general guidelines state that the following individuals may be eligible:
- Immediate family members such as married spouses, biological children, and adopted children are primarily eligible.
- Unmarried domestic partners and financial dependents are eligible in most states, provided they can prove their relationship.
- In some special situations, distant family members like siblings, cousins, and grandparents who depend financially on the deceased may be eligible.
- Should the deceased be unmarried and childless, their parents may be eligible to file a claim.
- The deceased’s estate executor can be eligible to file on behalf of all estate beneficiaries.
Gather Evidence
Building a solid case requires substantial evidence that supports your claim. This evidence must prove your relationship to the deceased and the defendant’s responsibility. Your attorney will collect and preserve evidence to present as part of your claim. Vital evidence to prove your eligibility may include:
- Documentation such as marriage certificates or lease agreements
- Photos, emails, text messages, and call logs
- Statements from family and friends who can confirm your relationship
Evidence to prove liability includes:
- Police reports
- Photos and videos of the accident scene
- Witness statements
- Medical records and autopsy reports
- Expert testimony
- Cell phone records in cases of distracted driving
- Surveillance footage from nearby business CCTV or household Ring cameras
Establish Negligence
To win a wrongful death lawsuit, you must prove the other party’s liability by providing the evidence mentioned above that proves beyond doubt how the defendant’s negligent actions led to the death of your loved one. To establish negligence, you must demonstrate:
- Duty of care: the defendant was responsible for acting reasonably and safely on the road.
- Breach of duty: the defendant failed in their duty—for example, speeding, drinking and driving, or running red lights.
- Causation: the defendant’s breach of duty led directly to the accident and subsequent death.
- Damages: the death resulted in quantifiable losses for the surviving family and dependents.
Calculate Damages
Wrongful death claimants can seek compensation for numerous damages, which can include:
- Funeral and burial expenses
- Medical bills
- Loss of future income and employment benefits
- Loss of future financial support
- Loss of companionship, parental guidance, support, etc.
- Pain and suffering of the deceased before death
- Emotional pain and suffering experienced by the surviving family
Your attorney will use their experience and the advice of financial experts to accurately calculate the damages to ensure that you receive adequate compensation.
File the Claim Within the Statute of Limitations
Every state has a specific time limit for filing wrongful death claims, known as the statute of limitations. It is crucial to file your claim within the timeframe; otherwise, you will lose your right to file.
In medical malpractice situations, you may only discover wrongful death after the autopsy. In these cases, the legal timeframe only begins when you make the discovery.
The statute of limitations varies from one to three years, depending on the state, so you must file your claim as soon as possible to avoid missing the window. Your attorney will know precisely how much time you have.
Negotiate With Insurance Companies
Wrongful death claims are often settled out of court through negotiations with the defendant’s insurance provider and legal representation. Your attorney will handle these negotiations on your behalf as they are trained to negotiate carefully per the law. Your lawyer will also be able to spot any bad-faith practices to prevent anyone from taking advantage of you.
Consider Mediation
If direct negotiations fail, mediation is an alternative that may help you avoid going to trial. In mediation, a third party with no ties to either party is appointed. They must remain impartial and facilitate discussions between your attorney and the defendant’s representation to reach an agreeable settlement.
Prepare for Trial
If negotiations and mediation are unsuccessful, you may choose to proceed to trial, where the court will make the final decision. Once you go to trial, the settlement negotiations officially end. Your attorney will prepare to present your case before a judge and a jury, which includes:
- Developing a strategy
- Preparing witnesses and experts to testify
- Crafting persuasive arguments to counter the defense’s strategy
Navigating the Path to Justice
While no amount of money can make up for losing a loved one, HHJ Trial Attorneys are committed to helping you achieve financial stability. When working with grieving clients, we prioritize ensuring they can live comfortably and experience a sense of justice for their families.
You do not have to face these challenges alone; if you find yourself in the position of filing a wrongful death claim, contact HHJ Trial Attorneys for expert legal guidance and support throughout the process.
