Losing a loved one is painful enough. When you lose a family member unexpectedly due to someone else’s negligence or recklessness, it’s even harder. Many families find themselves grieving while facing practical burdens like sudden financial pressure, funeral expenses, and a desire for justice.
Fortunately, there are usually ways to ease your financial burden and pursue accountability. Wrongful death cases are civil lawsuits that allow certain parties to seek compensation when a loved one’s death was caused by negligent, reckless, or intentional conduct. Understanding what determines wrongful death is the first step in protecting your family’s rights.
Understanding Wrongful Death Cases
What is wrongful death? A wrongful death lawsuit is a type of civil personal injury claim. This cause of action is designed to hold the at-fault party responsible. It also compensates the deceased person’s beneficiaries for their losses.
Unlike criminal cases, where the goal is to punish a defendant for a crime, wrongful death lawsuits ask for financial compensation. If successful, you may be able to recover compensation for:
- Medical expenses related to the final illness or injury
- Funeral and burial expenses
- Loss of the deceased’s income and financial support
- Loss of the deceased’s services, protection, and assistance
- Loss of companionship, guidance, and care
- Pain and suffering the deceased experienced before their death
In rare cases, you may be able to recover punitive damages. Punitive damages are awarded when the defendant’s actions are particularly egregious. Unlike the damages above, punitive damages are meant to punish the defendant.
Critical Elements of a Wrongful Death Claim
A plaintiff must establish several things to win a wrongful death claim:
- Duty of care: First, you must show that the defendant owed a legal duty of care to the deceased. For example, drivers have a legal duty to follow traffic laws and drive safely. Doctors have a specialized duty to provide skilled medical care.
- Breach of duty: Next, you must prove the defendant failed to meet that duty of care. This can be negligence, such as texting while driving, or an intentional action like assault.
- Causation: You must show that the breach of duty directly caused the fatal injuries.
- Damages: Finally, you’ll need to prove that the decedent’s family (or estate) suffered losses as a result of their death.
Each of these elements must be supported by evidence like eyewitness accounts, accident reports, medical records, and expert testimony. Even a small gap in proof can result in a denied or undervalued claim.
Who Can File a Wrongful Death Lawsuit?
Not everyone can file a wrongful death claim. For example, in North Carolina, the personal representative of the deceased’s estate is the only person allowed to file a wrongful death lawsuit. If your loved one left a valid will naming an executor, they can file the claim. Otherwise, a North Carolina probate court will appoint an administrator. This is often a close relative like a spouse, adult child, or parent.
Although the personal representative technically files the lawsuit, any financial recovery is distributed to the deceased’s beneficiaries. Beneficiaries typically include a spouse, children, parents, and other close relatives who depended on the deceased for financial or emotional support.
Types of Wrongful Death Cases
Wrongful death cases can stem from a wide range of circumstances. Some of the most common types include:
- Motor vehicle accidents: Car, truck, motorcycle, and pedestrian accidents often involve fatal injuries. These cases may revolve around issues like drunk driving, distracted driving, or aggressive behavior on the road.
- Medical malpractice: When doctors, nurses, or other health care providers fail to meet the standard of care, it can be fatal. Common malpractice issues include misdiagnosing a serious condition, making surgical errors, and prescribing the wrong medication.
- Workplace accidents: Fatal falls, machinery accidents, and other industrial mishaps can lead to both workers’ compensation claims and wrongful death lawsuits against third parties.
- Defective products: If a poorly designed or manufactured product (such as a dangerous toy, appliance, or power tool) causes a fatal injury, the manufacturer and related parties may be held liable.
- Premises liability: Unsafe property conditions, like unmarked hazards, unsecured swimming pools, or negligent security, can lead to fatal slip-and-fall or assault incidents.
Each of these situations requires strong evidence to establish that someone’s negligence or recklessness led directly to the death.
Pursuing a Wrongful Death Case: Steps and Considerations
Pursuing a wrongful death case requires strong evidence and an aggressive legal strategy. First, act quickly to preserve any evidence. Memories fade, and physical evidence disappears. Collect documentation as soon as possible. This might include police reports, accident scene photos, witness contact information, and relevant medical records.
Next, make sure you meet the statute of limitations deadline. For example, North Carolina generally requires wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline can forever bar your claim.
You’ll need to determine who is responsible for the death—and that’s not always straightforward. Many wrongful death claims involve multiple defendants, such as a negligent driver and their employer or a property owner and a security company.
Finally, hire an experienced personal injury attorney. Wrongful death lawsuits often involve complex legal and procedural hurdles. An experienced attorney can help you calculate the claim value and comply with legal requirements. Because most cases are settled out of court, your lawyer will negotiate for a fair settlement that reflects your economic and non-economic losses. If you’re unable to reach an agreement, your lawyer can also take the case to court.
Need A Lawyer? Call Ted A. Greve & Associates Today!
Understanding what wrongful death claims require is often difficult for grieving family members. That’s why it’s important to have skilled legal guidance. Ted A. Greve & Associates has decades of experience handling wrongful death lawsuits. Our firm understands the pain and stress you’re going through, and we’re ready to help you pursue justice during this difficult time.
If you believe you may have a wrongful death claim and want to understand your legal options, call Ted A. Greve & Associates for a free consultation.
