What is a Wrongful Death Claim: A Comprehensive Guide

A staggering 227,039 people died from unintentional injuries in 2022, which is 68.1 deaths per 100,000 population. 44,630 of the deaths were caused by falls, 44,534 from motor vehicle accidents, 90,000 from medical malpractice, and 102,958 from unintentional poisonings.

A wrongful death is always a tragedy. Nobody wants to say goodbye to a loved one knowing their death could have been prevented, especially if it happened in a traumatic way, such as in a fiery crash on the highway caused by a drunk driver, which happens to one person every 39 minutes in the US.

Here’s what you need to know about wrongful death claims.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by the family members of someone who died as the result of another person’s negligent or intentional actions. The purpose of a wrongful death claim is to hold the at-fault party financially accountable for their role in causing the death. There were around 3,046 medical malpractice wrongful death payouts in the US in 2022.

Who Can File a Wrongful Death Lawsuit?

Most states specify which family members are legally authorized to file a wrongful death claim after losing a loved one. Typical plaintiffs include:

• Spouse of the deceased
• Children of the deceased
• Parents of the deceased
• Siblings of the deceased
• Any person financially dependent on the deceased

The exact list of eligible plaintiffs varies by state. An experienced wrongful death attorney can advise which family members may participate in a claim in your jurisdiction.

Damages Available in Wrongful Death Cases

Damages in wrongful death lawsuits are intended to cover the loss of financial support, companionship, parental guidance, and other benefits the family members reasonably expected from the deceased if they had lived.

Economic damages in a wrongful death claim often include:

• Funeral and burial expenses
• Lost wages and future earning capacity
• Loss of benefits like health insurance
• Loss of household services and contributions

Non-economic wrongful death damages can cover the following:

• Loss of companionship from the deceased
• Loss of love, comfort, and affection
• Pain and grief associated with the death
• Loss of inheritance funds

Statute of Limitations for Filing a Wrongful Death Lawsuit

Each state imposes strict deadlines for when a wrongful death lawsuit must be filed after the death occurs. This window is called the statute of limitations. It ranges from 1-4 years depending on the jurisdiction. The statute of limitations for wrongful death in Minnesota, for example, is three years from the date of death, whereas in Kentucky, Tennessee, and Louisiana, it is one year.

Waiting too long forfeits the right to seek compensation, so contacting an attorney promptly is essential.

An experienced personal injury or wrongful death lawyer can determine if you have a valid legal claim, preserve evidence, handle negotiations with insurance companies, and file a lawsuit on your behalf if warranted. With their guidance, families can pursue rightful compensation through the civil justice system. Don’t delay in seeing advice if a loved one has lost their life in a tragic accident or after seeking help for a medical problem.