Statute of Limitations in a Wrongful Death Case

Losing a loved one is extremely difficult – especially if the loss was fully preventable. If you recently lost a loved one due to the negligent, reckless, or intentional act of someone else, you may be eligible to file a wrongful death claim seeking various types of compensation. However, to pursue and recover this compensation, you (or another family member or personal representative) must first take legal action within the prescribed statute of limitations. If you fail to file a timely wrongful death claim or lawsuit, you will not be eligible to recover any compensation.

An experienced wrongful death attorney in your area can review the circumstances of your loved one’s death and determine your eligibility for filing a wrongful death claim. If you are eligible, your lawyer can take the appropriate steps on your behalf, negotiate with the insurance company, and pursue the damages you and your family deserve during this difficult time.

Get A Free Consultation Today!

What is the Statute of Limitations?

The statute of limitations in a wrongful death case is the time limit to file a lawsuit after a person’s death. This time limit varies depending on the jurisdiction and the circumstances of the case.

The main reason behind having a statute of limitations is to ensure that legal actions begin in a timely manner. This serves several important purposes. First, it allows for resolving disputes while evidence and witnesses are still available and memories are fresh. Over time, evidence can be lost or deteriorate, witnesses may become unavailable, and memories may fade, making it more difficult to accurately establish a case’s facts.

Secondly, the statute of limitations provides a degree of certainty and finality to legal matters. More specifically, the statute encourages prompt dispute resolution.

Moreover, the statute of limitations helps to promote fairness and prevent undue prejudice. By imposing a time limit on filing a lawsuit, the legal system ensures that both parties have a reasonable opportunity to present their case and that judgments are based on the best available evidence.

Who Can Bring a Wrongful Death Claim?

Whenever a wrongful death occurs, certain individuals – typically close family members or dependents of the deceased individual or the estate’s personal representative – may be eligible to bring a wrongful death claim or lawsuit.

First, immediate family members such as spouses, children, and parents are usually eligible to file a wrongful death lawsuit. This includes both biological and adopted children, as well as stepchildren who were financially dependent upon the deceased. In some cases, siblings or grandparents may also be eligible, especially if they were financially dependent upon the deceased individual.

Second, in the absence of immediate family members, other individuals who were financially dependent upon the deceased may be eligible to file a wrongful death claim. This may include domestic partners, life partners, or anyone else who can prove that they relied on the deceased for financial support or assistance.

Further, in cases where the deceased had no immediate family members or dependents, the executor or personal representative of the deceased’s estate may file a wrongful death lawsuit on behalf of the estate. This seeks to recover damages for funeral and burial expenses, medical bills, and other costs incurred from the death.

It’s important to note that eligibility to file a wrongful death claim can vary depending upon the jurisdiction and the case’s specific circumstances. Some states have strict guidelines regarding who can file a wrongful death claim or lawsuit, while others may have more lenient criteria.

Additionally, certain factors may affect eligibility, such as the deceased’s marital status, whether the deceased had any children, and the nature of the relationship between the deceased and potential claimants.

After reviewing the circumstances, an experienced wrongful death attorney in your area can determine your eligibility for filing a claim. If you are eligible to move forward, your attorney can gather documentation and submit the claim to the appropriate insurance company on your behalf.

Elements of a Wrongful Death Case

In a wrongful death claim or lawsuit, claimants must prove certain legal elements to establish liability and recover damages. These elements typically include:

• Duty of Care – The first element of proof involves demonstrating that the defendant (the person or entity being sued) owed a duty of care to the deceased. This duty of care varies depending upon the circumstances but generally means that the defendant had a legal obligation to act reasonably and avoid causing harm to others.
• Breach of Duty – The next step is to show that the defendant breached this duty of care through negligent, reckless, or intentional conduct. This can include actions such as driving under the influence of alcohol or failing to maintain safe premises.
• Causation – The wrongful death claimant must then show that the defendant’s breach of duty was the direct cause of the deceased’s death. This involves demonstrating that the defendant’s actions or omissions were a substantial factor in causing the fatal injury.
• Damages – Finally, the wrongful death claimant must establish that they suffered damages as a direct result of their loved one’s death. This can include economic damages, such as medical expenses and lost financial support, as well as non-economic damages, such as pain and suffering and loss of companionship.

To successfully prove these elements in a wrongful death claim or lawsuit, claimants typically rely upon the following types of evidence, including:

• Witness Testimony – Eyewitnesses who observed the incident leading to the death – or who can testify as to the defendant’s negligence or misconduct – may provide crucial evidence.
• Expert Testimony – Expert witnesses, such as medical professionals or accident reconstruction specialists, can offer opinions and analysis to help establish the defendant’s breach of duty and causation.
• Documentary Evidence – Documents such as medical records, police reports, and correspondence can provide important information and support the wrongful death claim.
• Physical Evidence – Physical evidence such as photographs, videos, and forensic analysis results can help corroborate witness testimony and support the claimant’s case.

By gathering and presenting compelling evidence demonstrating the defendant’s breach of duty, causation, and the resulting damages, claimants can increase their chances of successfully proving a wrongful death case and recovering compensation for their losses. Throughout the process, it’s crucial to work with experienced legal professionals who fully understand the complexities of wrongful death cases and can effectively advocate on the claimant’s behalf.

Successfully Settling or Litigating a Wrongful Death Claim

Successfully settling or litigating a wrongful death case involves several important legal steps. Here’s an overview:

• Consultation with a Wrongful Death Attorney – The first step is to consult an experienced attorney who handles wrongful death cases regularly. They can evaluate the circumstances surrounding the death, determine whether there are grounds for a claim, and advise on the best course of action.
• Investigation and Evidence Gathering – Once retained, the attorney will conduct a thorough investigation into the incident that led to the death. This may involve gathering witness statements, obtaining relevant documents and records, and hiring experts to analyze the evidence.
• Filing a Wrongful Death Lawsuit – If negotiations do not result in a fair settlement offer, the next step is to file a wrongful death lawsuit in the appropriate court. The complaint outlines the legal basis for the claim – including the defendant’s alleged negligence or misconduct – and the damages sought.
• Discovery Process—During the discovery phase of wrongful death litigation, both parties exchange information and evidence relevant to the case. This may include written interrogatories, requests for documents, and witness depositions.
• Mediation or Settlement Negotiation – In many wrongful death cases, parties may attempt to resolve the dispute through mediation or settlement negotiations. This involves a neutral third party facilitating discussions between the parties to reach a mutually acceptable agreement.
• Trial Preparation – The case will proceed to trial if settlement negotiations are unsuccessful. The wrongful death claimant’s attorney will prepare for trial by finalizing witness lists, developing a trial strategy, and preparing legal arguments.
• Trial – During the courtroom trial, each party presents evidence and arguments to the judge or jury. Witnesses may testify, and experts may offer opinions on key issues. The goal is to persuade the judge or jury to rule in favor of the wrongful death claimant and award damages.
• Verdict and Appeal – After hearing all the evidence, the judge or jury will render a verdict. If the verdict is favorable to the claimant, the court will determine the amount of damages to be awarded. If either party is dissatisfied with the outcome, they may have the option to appeal the decision to a higher court.

Throughout the legal process, always work closely with an experienced wrongful death attorney who can provide legal guidance and advocacy every step of the way. By following these steps and working diligently to build a strong case, claimants significantly increase their chances of successfully settling or litigating a wrongful death case.

Recoverable Damages in a Wrongful Death Case

In a wrongful death claim or lawsuit, various damages may be recoverable to compensate the surviving family members or dependents for their losses. These include economic and non-economic damages.

Economic Damages

Economic damages are tangible, quantifiable losses that are directly attributable to the loved one’s untimely death. They may include compensation for:

• Medical Expenses – This encompasses the cost of medical treatment that the deceased individual received before their death, including hospital bills, medication expenses, and therapy costs.
• Funeral and Burial Expenses –These are the costs associated with arranging and conducting the deceased’s funeral, burial, or cremation services, including casket or urn expenses, cemetery fees, and funeral home charges.
• Lost Income and Financial Support – Economic damages may also include the lost income and financial support the deceased would have provided to their surviving family members or dependents had they not passed away. This can include income, salary, bonuses, benefits, and other forms of financial assistance.
• Loss of Benefits – Survivors may also be entitled to recover the value of lost benefits, such as health insurance, retirement contributions, and pension benefits, that the deceased should have provided if they were still alive.

Non-Economic Damages

Non-economic damages are more subjective and relate to the emotional and psychological effects of the loss on surviving family members. They may include compensation for all of the following:

• Pain and Suffering – This refers to the physical and emotional pain, anguish, and distress that surviving family members experienced as a result of their loved one’s untimely death.
• Loss of Companionship and Consortium—Non-economic damages may also compensate for the loss of the love, companionship, guidance, affection, and emotional support that the deceased individual provided to their family members.
• Loss of Enjoyment of Life – Survivors may also be entitled to recover damages for their loss of enjoyment from activities they once shared with the deceased, such as hobbies, recreational activities, and family outings.

In some cases, punitive damages may also be available to punish the defendant for particularly egregious conduct – and to deter others from engaging in similar behavior in the future. However, punitive damages are not available in all wrongful death cases and apply in cases involving extreme recklessness or intentional wrongdoing.

Call an Experienced Wrongful Death Attorney Near You Today

A compassionate personal injury lawyer can handle every step of your case, from filing a claim or lawsuit to negotiating with insurance company representatives to litigating your case in the court system. Throughout the process, your lawyer will keep you well-informed and aggressively advocate for the justice and compensation you and your family deserve.