The death of a loved one is one of the most difficult experiences for many people. When that death is untimely and caused by the actions or inactions of someone else, it can be even more challenging. You may even need to pursue a lawsuit for financial damages from the death itself.
To help you get through this time and this process with as little stress as possible, here are a few answers to your questions about wrongful death suits.
What Is Wrongful Death?
A wrongful death occurs when someone — a business, organization, or individual — is responsible for the death of an individual. This may happen due to such things as negligence, intentional acts, failure to act, or misconduct. Wrongful death is a civil issue, and it’s not dependent on whether or not criminal courts found anyone criminally liable.
Who Can Sue for Wrongful Death?
Generally, legal actions for injury are brought by the person who was injured. However, since the victim passed away, wrongful death claims are brought on by other parties who were directly affected by the loss. The most common are immediate family members, including adult children, parents, siblings, spouses, partners, or even parties on behalf of minor children.
Other parties might even bring a suit for wrongful death, though. Anyone who suffered a financial loss may be a qualified party. This often includes financially dependent adults and may even include the person’s business or partners who were dependent on them for a living. And the executor of the person’s estate may start a lawsuit on its behalf.
What Damages Can You Receive?
No one can bring back your loved one, of course. So the goal of wrongful death lawsuits has three parts. The first goal is to mitigate the financial loss you’ve suffered. The family lost the person’s wage income or business income, for example. They may also have had medical bills or suffer from ongoing mental health challenges as a result of the death.
The second goal is to compensate for intangible losses. Loss of consortium, for instance, is the legal term for the loss of your personal relationship and enjoyment of life with the deceased victim. A spouse or child might seek financial compensation for this, due to it being the only way a court can help fill the void. Other common intangible losses are future earnings, mental trauma, or pain and suffering.
Finally, some lawsuits include a punitive component. If a person did something that caused the death, survivors may seek financial penalties that punish them or prevent future misdeeds. If the person’s employer ignored safety violations, punitive damages could force them to clean up their act and protect other workers.
What Must You Prove for Wrongful Death?
Every successful court case for injury generally has four key components. The first is that the person being sued had a duty of care. Consider the case of a person killed by a drunk driver. The driver’s duty of care is to act reasonably in a way that prevents injury to those around them. The person who served the drunk driver may also have a duty of care to help prevent drunk driving.
The second key element is a breach of that duty of care. The drunk driver breached their duty to others by choosing to drink and drive. However, some other cases may be more difficult to prove. If the accident happened in a busy intersection, you may be able to show that the city knew it was unsafe and failed to take action to fix the problem.
Thirdly, the plaintiff must directly link the breach with the cause of the person’s death. Again, sometimes this is relatively easy. The drunk driver ran a red light and hit your loved one. But what if the victim was also speeding? The other side’s attorneys might argue that the accident was caused partially or entirely by the speeding (called contributory negligence). The plaintiff bears the burden of proof.
Once these steps are presented, the plaintiff makes their case that they suffered financial and other losses. These range wildly from medical expenses and funeral costs to the loss of a parent who could pay for your future college education.
Where Can You Get Help?
Anyone who believes they may have standing and a case for wrongful death should consult with qualified legal counsel in their state as soon as possible. Not only might you need financial help right now, but building a strong case often requires preserving evidence and taking legal steps quickly after a loss.
Siben & Siben LLP is ready to help Long Island area residents or families with all their needs during this difficult time. No matter what your relationship to the victim, the types of loss you’ve suffered, and the parties who may be responsible, start by meeting with our team to learn how we can help you.