When a loved one’s life is tragically cut short due to someone else’s negligence or intentional actions, the emotional and financial impact can be devastating. A wrongful death lawsuit offers a legal pathway to seek compensation for losses such as lost income, companionship, and funeral expenses, while also pursuing justice for the preventable tragedy.
A wrongful death occurs when an individual’s death results from another party’s negligence, recklessness, or intentional harm. Examples include car accidents caused by a reckless driver, fatal workplace incidents due to unsafe conditions, medical malpractice, or acts of violence. The core of a wrongful death claim is establishing that the death could have been prevented had the responsible party acted with reasonable care.
To file a wrongful death lawsuit, there must be clear evidence of a breach of duty that directly caused the death. For example, drivers have a duty to follow traffic laws; running a red light and causing a fatal crash breaches that duty. Similarly, a healthcare provider’s failure to meet the standard of care, resulting in a patient’s death, may constitute grounds for a lawsuit. Proving this breach—and its direct link to the death—is essential for a successful claim.
Negligence is central to most wrongful death claims. It occurs when someone fails to act with the care a reasonably prudent person would under similar circumstances. This can involve actions (e.g., speeding) or omissions (e.g., failing to maintain safe property conditions). To succeed in a wrongful death lawsuit, you must demonstrate that the defendant’s negligence directly caused the death, not merely that the death was tragic.
Eligibility to file a wrongful death lawsuit varies by state but typically includes immediate family members, such as spouses, children, or parents of a minor. In some states, extended family members (e.g., siblings or grandparents) or individuals financially dependent on the deceased, such as domestic partners, may also be eligible. For example:
Immediate family members, such as spouses and children, are typically the primary plaintiffs in wrongful death lawsuits. They are often the most directly impacted by the loss and may claim damages for emotional distress, loss of financial support, or loss of companionship. For instance, children may receive compensation for the loss of a parent’s guidance, while a surviving spouse may seek damages for both emotional and economic losses.
Legal guardians may file a wrongful death lawsuit, particularly when the deceased is a minor. Guardians can seek damages for the emotional trauma of losing a child and, in rare cases, for financial losses if they depended on the minor (e.g., in cases involving child actors or other income-earning minors).
A personal representative, often called an executor or administrator, plays a key role in wrongful death lawsuits. They act on behalf of the deceased’s estate, managing assets, paying debts, and distributing any awarded damages to eligible heirs. In a wrongful death case, the personal representative files the lawsuit and ensures any compensation is distributed according to the deceased’s will or state law.
A personal representative is typically named in the deceased’s will. If no will exists or the named representative cannot serve, a court appoints one—often a close family member, but sometimes a professional like an attorney. This role carries significant legal responsibilities, including ensuring the lawsuit is handled properly and damages are distributed fairly.
Filing a wrongful death lawsuit involves several steps:
Misconception: Only immediate family can file a wrongful death lawsuit.
Fact: While immediate family members are the most common plaintiffs, some states allow extended family, domestic partners, or financially dependent individuals to file. Eligibility depends on state law.
The timeline varies based on case complexity, but most cases take at least one to two years to resolve, from filing to settlement or trial.
Plaintiffs may recover:
The specific damages available depend on state law and the circumstances of the case.
If you’ve lost a loved one due to someone else’s negligence or misconduct, you may be entitled to compensation. At Whiting Hagg & Dorsey PLLC, our compassionate and experienced wrongful death attorneys are here to guide you through the legal process and fight for the justice you deserve. Contact us today for a free consultation to discuss your case and explore your options. Call Whiting Hagg & Dorsey PLLC at (605) 600-2984 or send us a message online.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
If you have lost a loved one due to someone else’s negligence or misconduct, you may be entitled to compensation. At Whiting Hagg & Dorsey PLLC, we understand the emotional and financial toll a wrongful death can take on a family. Our experienced wrongful death attorneys are here to help you navigate the legal process and fight for the justice you deserve. Contact us today for a free consultation.
Call Whiting Hagg & Dorsey, PLLC now at (605) 600-2984 or send us a message online.
