Understanding Wrongful Death Lawsuits: A Guide For Families Seeking Justice

In a personal injury lawsuit, the victim files a claim against the person or entity that harmed them. In a wrongful death lawsuit, a member of the deceased person’s family, or the personal representative of, or successor-in-interest to, the deceased person’s estate must take the reins to file the claim and move forward with negotiations, settlement, or taking the case to trial. 

As you can imagine, this is a deeply emotional time for surviving family members. Proceeding with a claim requires the expert assistance of a qualified wrongful death attorney. 

Wrongful Death Lawsuits: What You Need To Know

Wrongful death suits are filed when the negligent actions of another person or entity are directly linked to another person’s death. 

When pursuing a wrongful death claim or lawsuit, the claimant or plaintiff is responsible for proving key facts so that the surviving family members can receive the appropriate amount of compensation and hold the at-fault party accountable. Without accurate details that correlate to the event that caused someone to die, or without the right documentation, witness accounts, experts, or an experienced lawyer, the family is at risk of not getting the justice and compensation they rightfully deserve.  

Defining “wrongful death”

When someone dies, their death is categorized as a “wrongful death” if another person and/or entity caused and/or contributed to the death due to their own negligence, criminal acts, or intentional acts. If more than one person or entity caused or contributed to the death, principles of “comparative negligence” will apply, which will affect the amount each responsible party ultimately has to pay. 

While a lawsuit can be filed against a specific person, wrongful death lawsuits can also be pursued against corporations or companies if their actions, or the actions of their employees or agents, caused and/or contributed to the death.  

Wrongful death suits comprise a broad range of deaths, ranging from fatal workplace accidents, automobile accidents, product liability, or medical malpractice lawsuits.  

Who can file wrongful death claims?

A few different things can negatively impact the potential of a wrongful death case. One is filing after the statute of limitations has expired (see below). Another is if the claim is filed by someone who does not have the right to file a wrongful death claim. 

In California, a person can file or become the plaintiff in a wrongful death case if they are:

• The surviving spouse, domestic partner, child, dependent, or the issue of a deceased child.
• Immediate family members, including legal guardians.
• An heir/beneficiary to the deceased’s estate or via intestate succession.
• A representative for the family or financially dependent individuals included in the list of those who can legally file a wrongful death suit in California.

Some other relationships or situations might allow a person to file a wrongful death suit. An experienced wrongful death attorney can help determine whether or not a person meets the criteria for filing a wrongful death case. Ensuring the proper party or parties file the claim is essential to the viability of the claim. 

Wrongful death cases fall into the civil court’s domain

A wrongful death suit falls into the civil court domain rather than the criminal courts. Even if the death is the result of a criminal act - like an assault or a pedestrian hit by a criminal fleeing the scene of a crime - the wrongful death claim is filed in the civil court, while the criminal charges are handled by the state.

The California statute of limitations for wrongful death cases is two years

A statute of limitations is a set length of time a plaintiff has to file a claim. In California, the statute of limitations applicable to wrongful death claims is two years from the victim’s date of death. If you fail to file a claim within this prescribed time period, your case will likely be dismissed. This is why contacting and retaining a lawyer specializing in wrongful death cases as soon as possible after a loved one’s death is essential. 

In some cases, a person may be injured or hospitalized for a long time before their death, in which case, it is imperative the family connect with a personal injury lawyer right away. The statute of limitations for personal injury claims is two years from the date the injury occurs. If the injured person later dies as a direct result of the injury-producing event, then a wrongful death lawsuit would be the next step.

Regardless of when a person dies (immediately or sometime after the injury-producing event), someone in the family should be in contact with a wrongful death attorney immediately. Doing so ensures crucial evidence, such as witness statements, video footage, etc., is preserved, which will greatly assist during the pursuit of the case. 

The defendant’s liability is calculated financially

As with all personal injury cases, any liability or “punishment” determined by the judge or jury is calculated financially. If there is any related criminal activity, the criminal sentence is handled by the criminal courts. 

The amount of money awarded for wrongful death lawsuits depends on a number of factors. Outside of medical malpractice actions, there is no limit to the amount of money a plaintiff can be awarded for economic damages in wrongful death cases. Additionally, the financial award can be increased if the actions that led to a person’s death were due to egregious negligence or the result of malicious or criminal acts. 

An experienced wrongful death lawyer will perform a comprehensive review of the facts, which will enable the attorney to seek maximum compensation. Factors to be considered in determining the appropriate amount of compensation include: 

• The nature of the accident.
• Loss of wages and future income.
• The family’s pain and suffering.
• Total cost of medical expenses.
• Any other general damages.

How much are wrongful death cases worth?

The amount a plaintiff is awarded for wrongful death varies from case to case and also depends on the expertise of the lawyer who is representing the plaintiffs. Failing to choose an experienced and successful wrongful death lawyer can greatly impact the total settlement.

Some of the factors that affect wrongful death settlement totals are:

• The deceased person’s age at the time of their death 
• Their total income/earning potential
• The relationship between the plaintiff and the victim
• The victim’s life expectancy

Who can be sued in a wrongful death case?

Choosing who or what to sue is a critical decision. The defendants in the lawsuit may include multiple parties and/or entities. The most common defendants named in wrongful death lawsuits are:

• At-fault drivers who caused a fatal collision
• The companies or designers of a defective product
• The company that failed to provide adequate literature or warnings about risks associated with a product
• Companies or entities who provided alcohol to an alcohol-impaired driver responsible for an accident or a minor
• Entities responsible for designing/maintaining a dangerous road or road condition
• An employer of someone who caused/contributed to a workplace incident leading to wrongful death
• A company that failed to properly maintain work/jobsite-related equipment or environments
• Medical professionals who caused malpractice that led to someone dying

The burden of proof is on the plaintiff

In a wrongful death lawsuit, as in all civil lawsuits, the plaintiff must prove, by a “preponderance of evidence” standard, that there is a direct link between the person/company they are suing and the death of their loved one. While this is more lenient than the evidentiary standard used in criminal cases (i.e., “beyond a reasonable doubt”), the preponderance of the evidence standard still requires a clear, accurate, and detailed trail of evidence. 

In wrongful death cases, evidence may consist of things like:

• Police and/or incident reports
• Medical records or autopsy reports
• Witness testimony
• The opinions of expert witnesses hired to investigate and determine key case issues
• A defendant’s previous history of liability for similar accidents/incidents/deaths similar to this one

The more organized and thorough a plaintiff’s evidence is, the better chance the plaintiff has to obtain justice. 

Burneikis Law Excels At Getting The Justice Our Clients Deserve

Was your loved one killed as a result of an accident? If so, consulting with a wrongful death attorney is essential. The attorneys at Burneikis Law will handle the entirety of the legal aspect of the claim so you and your loved ones can focus on grieving and healing. 

Contact Burneikis Law as soon as possible after an accident. Our consultations are free, and you are not obliged to use our services if it does not feel like a good fit. You do not have to tackle a wrongful death trauma alone. The attorneys at Burneikis Law will be by your side every step of the way.