Wrongful deaths often result from devastating incidents such as medical malpractice, car accidents, truck crashes, or slip and fall accidents. The surviving families are left to cope with overwhelming financial losses, including funeral costs, lost income, and medical bills.
You may be entitled to compensation if you have lost a loved one due to someone else’s negligence. The insurance companies often make the process difficult by disputing liability or minimizing claims. Therefore, you should seek a legal professional’s support during these difficult moments.
Our wrongful death attorneys at Presley and Presley Trial Lawyers understand the immense challenges families face after losing a loved one due to negligence. We can investigate the incident, gather evidence, establish liability, and initiate a claim or lawsuit against the negligent party.
Wrongful Death Key Takeaways
- Wrongful death in law occurs when someone dies due to another’s negligence or misconduct, allowing surviving family members to seek compensation.
- The average payout in a wrongful death suit varies, depending on age, earning capacity, evidence, and insurance coverage.
- Proving a wrongful death case requires strong evidence, including medical records, expert testimony, and accident reports, to establish liability.
- If you lose a wrongful death lawsuit, you may receive no compensation, but a wrongful death lawyer can help appeal the decision.
- Call a wrongful death attorney to protect your legal right to compensation.
What Is Wrongful Death in Law
Wrongful death in law occurs when a person dies due to another party’s negligence, recklessness, or intentional misconduct. Personal injury laws allow surviving family members or estate representatives to pursue compensation for their loss through civil litigation.
Common causes include medical malpractice, car accidents, truck accidents, slip and fall accidents, and helicopter crashes.
Wrongful death lawsuits seek financial damages for survivors’ losses, including funeral expenses, lost income, medical bills, and loss of companionship. Each state has statutes defining who can file, the eligible damages, and time limits.
A wrongful death attorney can use a lawsuit to hold the negligent parties accountable while providing financial support to grieving families.
What Is the Average Payout in a Wrongful Death Suit
The average payout in a wrongful death lawsuit can vary depending on the circumstances of the case. While some families receive settlements in the hundreds of thousands, others may be awarded millions if the loss was particularly devastating or involved gross negligence.
The value of a wrongful death case depends on many unique factors. Here are the factors that influence the value of a wrongful death lawsuit:
Age and Health of the Deceased at the Time of Death
The age and health of the deceased at the time of death can determine if you’ll receive a higher or lower court award. Younger victims typically have a higher potential earning capacity and longer expected lifespan, increasing the value of their claim.
For example, the death of a 35-year-old breadwinner in good health will likely result in a higher settlement than that of an elderly retiree with existing medical conditions. A wrongful death lawyer can use the lost productive years to determine the value of your loss.
Availability and Strength of Evidence
The availability of evidence can make or break a wrongful death claim. Clear proof of negligence, including eyewitness statements, accident reports, or expert testimony, can establish liability and improve the value of your claim.
Evidence like a police crash report can demonstrate that the defendant’s actions directly caused the death, increasing the likelihood of receiving a higher payout. Conversely, cases with limited or disputed evidence often result in smaller settlements or denied claims.
A wrongful death attorney can collect, analyze, and present compelling evidence to maximize your settlement value.
Earning Capacity and Income Level
The deceased’s earning potential can also determine the value of a wrongful death lawsuit. A wrongful death lawyer can use the victim’s income, career trajectory, education, and prospects to establish financial loss.
A professional with a stable, high-paying job or career growth potential will likely yield a higher settlement than someone with a limited income history. The number of dependents relying on the deceased’s financial support can also impact the payout, as the loss of income affects the entire household.
Degree of Negligence or Misconduct
The level of fault or recklessness can also determine the value of compensation. Cases involving extreme negligence or willful misconduct, including drunk driving, gross medical errors, or intentional harm, often lead to larger settlements because of punitive damages.
A wrongful death lawyer can make a case for punitive damages to punish the responsible party and deter similar behavior in the future. On the other hand, the value of compensation may be lower when negligence is less severe.
The Victim’s Health and Life Expectancy
The deceased’s health condition and life expectancy at the time of death also influence the claim’s worth. For example, they are likely to receive a lower compensation value if the victim had pre-existing health conditions or a shorter life expectancy.
An insurer might object to a higher settlement value since the financial loss period would be shorter. However, if the individual were healthy and expected to live many more years, their court award or settlement value would be higher.
The Insurance Coverage and Policy Limits Available
The negligent party’s insurance coverage is the source of compensation for the surviving family. Therefore, the insurance coverage limits of the negligent party can determine how much you’ll receive for your losses.
For instance, if the negligent party has minimal insurance or no assets, you may struggle to recover your losses. On the other hand, commercial defendants, hospitals, or large corporations typically carry higher policy limits, allowing for more substantial settlements.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit is a legal process that requires understanding procedural requirements, deadlines, and evidence standards. A wrongful death attorney can guide families through each stage of the challenging journey, ensuring their rights are protected while they focus on healing.
Here are the steps of a wrongful death lawsuit:
Initial Case Evaluation and Investigation
A wrongful death lawyer begins by conducting a comprehensive evaluation of your case. They can gather evidence, review medical records, accident reports, and witness statements to establish liability.
They can also investigate the circumstances surrounding the death, consulting with medical experts, accident reconstructionists, and other specialists to build a compelling case. A wrongful death lawyer can identify all potentially liable parties, whether individuals, corporations, or government entities.
Determining Legal Standing and Eligibility
Wrongful death laws vary by state. A wrongful death lawyer can establish if you have legal standing to file the lawsuit. They verify whether you qualify as an eligible plaintiff, which is reserved for spouses, children, parents, or estate representatives.
A wrongful death attorney also understands state-specific statutes, ensuring compliance with jurisdictional requirements. They can also identify which family members should be beneficiaries of the claim.
Meeting Legal Deadlines
Every state imposes a statute of limitations for wrongful death claims, typically ranging from one to three years from the date of death. A wrongful death lawyer ensures your lawsuit is filed within these strict deadlines, preventing your case from being permanently barred.
They handle all paperwork, court filings, and procedural requirements with precision.
Calculating and Documenting Damages
A wrongful death attorney will calculate economic and non-economic damages. They document lost income, medical expenses, funeral costs, and future financial losses the deceased would have provided.
They can also assess intangible losses like pain and suffering, loss of companionship, and emotional trauma. A wrongful death lawyer will maximize your potential compensation by documenting your losses, including expert testimony.
Negotiating Settlements and Litigation
A wrongful death attorney will handle all communications with insurance companies and opposing counsel. They will negotiate aggressively for fair settlements while protecting you from tactics designed to minimize payouts.
If settlement negotiations fail, a wrongful death lawyer is prepared for trial. They can present evidence, examine witnesses, and make a compelling case before a judge and jury.
Emotional Support and Guidance
A wrongful death attorney will also offer compassionate support during an emotionally devastating time. They will answer questions, explain legal concepts, and keep you informed.
You can count on them to handle the legal aspects of your lawsuit as you mourn the loss of your loved one.
How to Prove a Wrongful Death Case
A wrongful death attorney utilizes multiple sources of evidence to build a compelling case that establishes liability and secures compensation for grieving families. Here are different sources of evidence to prove a wrongful death claim:
Medical Records and Autopsy Reports
A wrongful death attorney examines medical records, autopsy reports, and pathology findings to establish the cause of death and link it directly to the defendant’s actions. They can also work with medical experts to interpret medical data and testify about standard care protocols.
A wrongful death lawyer can use the findings of an expert to explain how negligence or misconduct caused the fatal outcome.
Eyewitness Testimony
A wrongful death attorney locates and interviews witnesses who observed the incident leading to death. They can prepare witnesses for depositions and trial testimony, so their accounts are clear, consistent, and credible.
A wrongful death lawyer knows how to present witness testimony, highlighting details that demonstrate the defendant’s negligence. They can also anticipate and counter defense narratives.
Accident Reconstruction and Expert Analysis
A wrongful death attorney can engage accident reconstruction specialists, engineers, or industry experts. An expert can recreate the incident using physical evidence, photographs, and scientific methods.
They can use experts’ findings to provide a detailed analysis showing exactly how the death occurred and who bears responsibility. A wrongful death attorney can also present the technical evidence in simple terms that resonate with judges and juries.
Employment and Financial Records
A wrongful death lawyer can obtain employment records, tax returns, pay stubs, and benefit statements to prove the deceased’s earning capacity and financial contributions. For example, they can use economists and vocational experts to project lifetime earnings.
Police Reports
A wrongful death attorney can secure a police crash report, workplace safety citations, and regulatory violations to establish fault. They can use the official records to demonstrate patterns of negligence, code violations, or reckless behavior that led to the wrongful death.
Let Our Wrongful Death Attorneys Fight for the Compensation Your Family Deserves
You’re likely to endure a worsening quality of life after losing a loved one in an accident caused by someone else’s negligence. For example, you may struggle with emotional grief, inability to participate in hobbies, and loss of household support after a fatal crash or medical error.
While you may be entitled to compensation, you must prove how the defendant’s actions led to the wrongful death and your losses. Our wrongful death lawyers at Presley and Presley Trial Lawyers, can use evidence to establish liability, negotiate with insurers, or litigate to maximize your recovery.
Contact us online or at (816) 931-4611 to schedule a free case evaluation.
Wrongful Death FAQs
How Much Does a Wrongful Death Lawyer Cost?
Most wrongful death lawyers work on contingency, meaning no upfront costs. The fee structure means they only get paid if you win. Their payment is a percentage of your settlement value or award. The rate depends on case complexity, whether it settles or goes to trial, and geographic location.
Some attorneys charge higher percentages for trials due to increased time and resources required. You should clarify fee structures during initial consultations.
What Happens if You Lose a Wrongful Death Lawsuit?
If you lose a wrongful death lawsuit, you typically receive no compensation and may owe court costs. However, a wrongful death attorney can evaluate grounds for appeal, such as legal errors or overlooked evidence.
They can file appeals to higher courts, present new arguments, and potentially overturn the decision. An experienced lawyer can analyze trial transcripts, identify procedural mistakes, and fight to secure compensation for your family.
How Are Wrongful Death Settlements Calculated?
Wrongful death settlements consider economic and non-economic losses associated with the loss of a loved one. A wrongful death attorney can review your case details, examine financial records, consult experts, and analyze comparable verdicts to estimate the value of your losses.
For example, our lawyers may use family photos, witness statements, journals, and testimony from friends to demonstrate loss of companionship.