One of the worst tragedies a person can face is the loss of a loved one, particularly if that loss was caused by the negligence or wrongdoing of another. Not only does a tragedy like this leave family members without their loved one, but it also can leave them facing significant emotional and financial hardship.
That being said, there is a method in place for the families of victims to pursue justice on behalf of their loved ones.
“In a wrongful death lawsuit, the family members or beneficiaries of the deceased seek compensation for the losses and damages they have suffered,” explains attorney David T. Sirokin, managing partner at leading law firm Morelli Law Firm. “This can be an important step in getting the peace of mind and financial stability you deserve after a tragedy.”
Some of the most common wrongful death lawsuits include:
- Car accidents: One of the most common types of wrongful death lawsuits results from car accidents. A wrongful death in a car accident is caused by the negligence or intentional actions of another driver, such as drunk driving, speeding, or running a red light.
- Medical malpractice: A wrongful death lawsuit can also result from medical malpractice when a medical provider’s negligence contributes to a patient’s death. Examples of this include misdiagnosis, surgical errors, and medication errors, including those related to prescribing or administering medication.
- Workplace negligence: If an employer fails to provide a safe working environment, causing harm to their employee and resulting in their death, this could be grounds for a wrongful death lawsuit. Workplace negligence may manifest as failing to provide proper safety equipment, inadequate training, or failure to comply with relevant labor laws and regulations.
Understanding wrongful death lawsuits
However, it’s important to note that not everyone can file a wrongful death lawsuit. Those who can file one are often limited to the deceased’s spouse, children, or parents, as well as the appointed personal representative of the estate.
In circumstances where there are no immediate relatives, exceptions may be made to allow other relatives, such as siblings or grandparents, to file on behalf of the deceased. To file a wrongful death lawsuit, there must also be negligence or a wrongful act that caused the death; genuine accidents or incidents deemed “acts of god” are typically not considered grounds for a wrongful death lawsuit.
According to Sirotkin, those wishing to file a wrongful death lawsuit must also be aware of the timeline.
“It’s important to file a lawsuit before the statute of limitations expires, or else you could risk not being able to pursue those damages,” explains Sirotkin. “Statutes of limitations vary by state; for example, in New York, the statute of limitations for filing a wrongful death suit is two years from the date of death. However, it’s important to note that it can take anywhere from months to several years to resolve a wrongful death claim. It’s best not to delay filing for your emotional and economic sake.”
When a wrongful death lawsuit is filed, an attorney will begin assembling all necessary medical, legal, and financial documentation to pursue the lawsuit. The legal team must gather all relevant documents, including medical and autopsy reports, police reports, the death certificate, and witness statements, to ensure they have all the necessary information to achieve an optimal settlement or verdict for their client.
Determining the value and outcome of a wrongful death lawsuit
Unfortunately, when a family experiences a tragedy like this, they are faced with several unexpected expenses, and seeking justice should not be one of them. Wrongful death attorneys typically work on a contingency fee basis, meaning that clients do not pay them unless they win their case. Instead of an upfront retainer or hourly fee, wrongful death attorneys are typically paid a percentage of the settlement or verdict awarded to their client, which allows the victim’s loved ones to focus on paying their expenses rather than their attorney’s fees.
While it’s impossible to put a value on a human life, attorneys in wrongful death cases attempt to reach a fair and accurate assessment of the damages caused by the tragedy, as the loved ones of the victim should not have to suffer further from their loss. Damages include both quantifiable economic losses, such as medical bills and funeral expenses, and less tangible losses, including the decedent’s lost income or new expenses, such as childcare in their absence. Although these damages don’t bring someone back, they do help compensate the family for their emotional and financial hardships.
“Nothing we do is going to bring your loved one back,” concludes Sirotkin. “But we hope that we can hold those who are responsible for your loss accountable.”
Pursuing a wrongful death lawsuit is an extensive process, and proving liability in these cases is one of the biggest challenges for attorneys. The legal team will undergo a comprehensive investigation centered around establishing the defendant’s liability for the victim’s death, as well as the resulting damages to the surviving family. Proving this liability requires four essential elements: a duty of care, a breach of that duty, causation, and legitimate damages.
To prove liability, legal teams will use a variety of evidence to support their claim. Medical and accident reports paint a picture of the incident, the cause of death, and the extent of the injury and its cause. Expert testimony can provide specialized knowledge that supports the legal team’s claims of breach of duty and causation. Eyewitnesses, as well as photographic and video evidence, can also play a significant role in proving causation in these incidents.
“A skilled personal injury attorney will work with you to ensure they have the evidence they need to yield the best possible outcome,” asserts Sirotkin.
Indeed, a wrongful death lawsuit is often the last thing someone wants to think about when they are facing a tragedy, but working with a wrongful death attorney, such as those at Morelli Law Firm, can help you get the justice you deserve.
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