Losing a loved one is difficult enough.
But losing them due to someone else’s negligence or intentional actions? The pain is that much deeper. It leaves you with a lot of questions and feelings of confusion, anger and powerlessness.
Here’s the thing…
Most families are unsure where to turn after a wrongful death. They’re in mourning while also drowning in medical bills, funeral expenses and lost wages. It’s a lot to deal with on top of the emotional trauma.
The good news?
You don’t have to go through this alone. Learning how wrongful death attorneys can help you is the first step to getting justice for your loved one.
In This Guide:
- What Exactly Is Wrongful Death?
- How Wrongful Death Attorneys Can Help You
- Types of Compensation Available
- Finding the Right Legal Support
What Exactly Is Wrongful Death?
Wrongful death occurs when a person dies as a result of another party’s negligence or intentional actions.
It can happen in many situations including:
- Car accidents caused by reckless or drunk drivers
- Medical malpractice resulting from misdiagnosis or surgical errors
- Workplace accidents due to unsafe conditions
- Defective products causing fatal injuries
The statistics are staggering. According to ConsumerShield, there were 223,000 deaths from accidental injuries in the U.S. alone in 2023. That number could have been much lower.
And it gets worse…
Medical errors are now the third leading cause of death in the U.S., behind only heart disease and cancer. Yes, you read that right. Human mistakes now kill more Americans each year than car accidents.
These numbers help explain why wrongful death claims exist. Families need a way to hold negligent parties accountable for their actions. They need financial help to recover and rebuild their lives.
How Wrongful Death Attorneys Can Help You
So what exactly do wrongful death attorneys do?
Think of them as your guide through one of the most complex legal processes out there. They handle the heavy lifting so you can focus on healing. A skilled wrongful death attorney will guide you through every step of this difficult journey and fight for the compensation your family deserves.
Investigation and Evidence Gathering
Proving wrongful death requires a substantial amount of evidence.
Your attorney will investigate the circumstances surrounding the death. They’ll gather up medical records, accident reports, witness statements and expert testimony. This evidence forms the foundation for your case.
Trying to do this on your own is difficult and time-consuming. Without solid evidence, even valid claims may fail. That’s why legal expertise is so important.
Calculating Your Damages
How do you put a dollar amount on the life of someone you love?
It’s not comfortable to think about. But wrongful death cases require calculating both economic and non-economic damages. Your attorney has the unpleasant task of evaluating:
- Lost wages and future earning capacity
- Medical expenses prior to death
- Funeral and burial costs
- Loss of companionship, guidance, etc.
- Pain and suffering
Each case is different, so the final damages calculation will vary based on the age, health and income of the deceased, among other factors.
Negotiating With Insurance Companies
Here’s something most people don’t realise…
Insurance companies are not your friends. They want to pay out as little as possible. They have teams of lawyers who will work hard to minimise your claim.
A wrongful death attorney levels the playing field. They know the tactics insurance companies will use. They have the experience to negotiate effectively and fight for a fair settlement amount.
Going to Trial
Most wrongful death cases settle outside of court.
Sometimes negotiations break down and the only way to get fair compensation is to file a lawsuit and go to trial. A quality wrongful death attorney knows this and has trial experience. They know how to effectively present your case to judges and juries.
Types of Compensation Available
What types of compensation can families actually recover in a wrongful death lawsuit?
There are several categories of compensation. Knowing these is important to have realistic expectations about your case.
Economic Damages
Economic damages cover the financial losses your family has suffered. This includes:
- Lost income, future earning potential
- Medical bills
- Funeral and burial expenses
These are the tangible costs your family faces when they lose a provider and loved one.
Non-Economic Damages
These types of damages are more difficult to quantify. They address the emotional and relational losses. These include:
- Loss of companionship
- Loss of guidance and direction
- Loss of consortium (intimacy between spouses)
Quantifying the value of someone’s life and love isn’t an exact science. It requires a skilled attorney.
Punitive Damages
In cases where negligence was grossly reckless or intentional, courts can award punitive damages. Punitive damages are meant to punish the defendant for their conduct and deter similar behaviour in the future. They are not intended to compensate the family directly.
Looking at data from LawLinq who analysed more than 956 cases, the average wrongful death settlement amount is about $973,054. The actual settlement awarded in each case will be very different based on the circumstances.
Finding the Right Legal Support
All attorneys are not created equal.
Wrongful death cases have their own specific challenges and require unique expertise. The attorney you choose to work with should have experience handling cases similar to yours. They should know the laws and nuances of wrongful death in your state.
Look for these traits:
- Track record of successful wrongful death settlements and verdicts
- Resources to thoroughly investigate your case
- Communication skills to keep you informed and updated
- Empathy and compassion to understand your situation
Most wrongful death attorneys work on contingency. This means no upfront payment by you. If you don’t win, they don’t get paid. This is a good thing as it makes expert legal assistance available to those who need it most.
Time Limits Matter
Every state has a statute of limitations for filing a wrongful death claim.
The time limit for bringing a case will vary based on your state of residence. Missing the deadline means you cannot file. These limits can range from one to three years. Always consult an attorney as soon as possible to avoid accidentally forfeiting your claim.
Bringing It All Together
Wrongful death cases are legally and emotionally complex.
Families dealing with the loss of a loved one shouldn’t have to navigate the legal system alone. The right wrongful death attorney can provide the invaluable support you need. By:
- Investigating the facts of the death
- Gathering key evidence
- Calculating appropriate compensation
- Negotiating with insurance companies
- Fighting in court if necessary
Financial compensation cannot replace your loved one. Of course not. But it can bring a measure of stability during an extremely difficult time. It can help hold negligent parties accountable for their actions. And it can help your family move forward.
If you’ve lost someone due to another party’s negligence or intentional behaviour, don’t hesitate to reach out for legal assistance. The sooner you get help, the stronger your chances for a successful outcome.
