Family Members Can Seek Compensation for Wrongful Death

By Paul Tassin | May 20, 2015

Category: Consumer News

A fatal car accident can cause enormous losses for those who were close to the victim. While money obviously can’t replace the lost loved one, a wrongful death lawsuit may be able to compensate for the family’s other losses.

A wrongful death lawsuit is a claim brought by those close to the deceased, usually members of their immediate family, alleging basically that the death happened due to the defendant’s actions and caused the claimant harm.

It’s important to note that a wrongful death lawsuit seeks compensation for the harm done to the deceased person’s survivors, not to the deceased person him or herself. Almost any harm that the plaintiff suffered because of the death can be claimed in a wrongful death lawsuit.

Typically, plaintiffs seek compensation for measurable economic harm such as lost financial support for both adults and children, the value of domestic services, and funeral and burial expenses. They may also seek compensation for personal harm that is not as easily quantified, such as loss of love, emotional support, and sexual intimacy. But generally, a wrongful death action does not provide compensation for the survivor’s grief that is directly related to the death.

Wrongful Death vs. Survivor Action

Wrongful death claims frequently happen in the same situations as do survivor actions, so it’s important to understand the difference between them. Unlike a wrongful death lawsuit, a survivor action seeks compensation for the harm the victim suffered prior to death. It’s basically a claim the deceased person would have been able to bring if he or she had not died. Some states, however, place particular restrictions on what compensation can be claimed. For example, some states do not allow compensation for the deceased’s pain and suffering in a survivor action.

A survivor action is typically brought by the person in charge of distributing the deceased person’s estate, known as the executor. Any proceeds from the survivor action get added to the estate, then divided among the deceased’s creditors and heirs.

Although a survivor action is different from a wrongful death lawsuit, both types of claims can be implicated by the same set of circumstances. A fatal car accident is a regrettably common example of such a situation.

Car Accidents and Wrongful Death Claims

Bringing a wrongful death lawsuit following a fatal car accident comes with its own unique challenges. Car accidents typically produce a police report that may erroneously pin the blame for the accident on the deceased person instead of on the defendant. It’s also frequently necessary to hire an expert witness to reconstruct the circumstances of the accident, which can be extraordinarily expensive. Since the dollar amounts at stake can be quite high, the insurance company that stands to find itself on the hook for considerable losses will tend to fight the lawsuit tenaciously.

Unfortunately, would-be plaintiffs sometimes wait too long to begin their wrongful death lawsuit. Families at first may be understandably preoccupied with other matters related to the death of their loved one. As time passes, the available evidence degrades: documents may be misplaced or destroyed, and witnesses’ recollections may change. If the family waits too long, the wrongful death statute of limitations may run, barring completely the possibility of a wrongful death lawsuit.

Obtain a Free Wrongful Death Case Evaluation

If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.

The following types of wrongful death cases are common examples of what a family member can sue for: