How Do You Win a Wrongful Death Lawsuit?

Losing a loved one is difficult enough without facing a death due to neglectful or reckless actions. Sadly, wrongful deaths happen when other parties don’t take the necessary care to protect someone you love. Losing a family member often places an undue and lasting financial and emotional burden on a household. Most wrongful deaths occur by accidents or actions that were preventable.

If someone you love was killed by careless or willful negligence, speak with an attorney about your situation. Winning these cases can be challenging because of the burden of proof required, but there are important reasons to pursue a claim after such a life-shattering experience. At Fielding Law, we support your legal right to redress in the face of your loss. We ensure that you have a voice where your loved one does not.

What Is a Wrongful Death Action?

When a wrongful death occurs, family members can bring an action for damages caused by the loss. Each state determines how these actions move forward and who is entitled to seek damages. The legal justification for wrongful death cases is to allow families to pursue wrongful death compensation in lieu of the personal injury compensation victims could have sought had they lived. Often, families are left to deal with significant expenses and income losses similar to those resulting from a permanent injury case.

How Does a Wrongful Death Lawsuit Work?

A wrongful death lawsuit is a civil action. It is designed to compensate for damages assumed by families after the unexpected death of a loved one from the negligent actions of someone else. It works similarly to a personal injury claim, except that a lawsuit for damages is filed against the responsible party on behalf of survivors. These are two important factors that must be established:

1. You must show that a loved one died due to the other party’s negligent actions.
2. You must show that substantial monetary damages resulted from their loss.

A personal representative must be appointed to handle the case for the decedent’s estate. Hiring an attorney is critical when seeking full and fair compensation in a wrongful death claim.

What Are the Common Causes of Wrongful Death?

There are numerous ways that wrongful deaths occur. These are the most common incidents:

• Vehicle accidents
• Workplace accidents or illnesses
• Bicycle or pedestrian accidents
• Boating accidents
• Drowning
• Medical malpractice
• Poisoning and overdose
• Premises liability

Negligent or intentional actions may cause deaths. If there is cause for a criminal complaint, this is handled through a criminal action.

What Four Elements Are Necessary To Win a Wrongful Death Case?

Four critical elements are necessary for a wrongful death claim to have merit. Most cases involve the negligent actions of one party that cause the death of another party. To prove a case, you must demonstrate that the responsible party owed a duty of reasonable care to the victim. These elements provide the framework for a viable wrongful death action.

Duty of Care

When you bring a wrongful death claim, there is a high burden of proof to ensure a person is being rightfully held accountable for the death of another individual. In the case of a car accident, if a person drives recklessly and takes someone’s life, they are not fulfilling a duty of reasonable care.

A driver who gets behind the wheel has a legal duty to act responsibly and not endanger the lives of others, as expected of any other driver in this same situation. If that duty is not met, a defendant in the case can be held liable. However, before proceeding with a claim, you must prove that such a duty was owed.

Breach of Duty

If there is a duty, it is imperative to establish that a defendant’s actions breached this duty. You must show that an at-fault party did not act in a reasonable manner. Breach of duty may be demonstrated by violations of traffic safety laws that led to the death of a loved one. For example, if the defendant was texting or speeding or driving recklessly, these actions can be used to prove liability because the duty to act according to the law was breached.

Causation

Once duty and breach are established, you must show how a breach caused the victim’s injury and death. Causation is a critical link to all the other elements.

Damages (Harm)

The final aspect is making a case for damages. After you’ve established that the other elements are present in a wrongful death claim, sadly, damages are apparent due to the injury and death of a loved one. Your family may be compensated by monetary and non-monetary damages and, in some states, punitive damages.

While these four elements are necessary to win a case for damages, wrongful death actions are complex, and successful outcomes are not a given. Every case is different and must be understood in light of the evidence. Talking to an attorney ahead of time is essential to understand your rights and clarify expectations.

Why Does Having the Right Attorney Matter to Your Case?

Hiring the right attorney is crucial to building a compelling case. Fielding Law has years of practice in personal injury and wrongful death cases. We understand how high the stakes are for families and know what it takes to make a case.

Due to the nature of these claims, you want an attorney who understands your concerns and listens to you. Wrongful death affects the very fiber of how a family functions, and our mission is to bring greater peace of mind and a just resolution by getting the compensation you deserve when you need it most.

Who Can Bring a Lawsuit?

A representative of the estate must file a lawsuit. This representative files on behalf of a deceased person’s family members, such as:

• A spouse
• Dependents (children, stepchildren)
• Siblings
• Parents or stepparents

States decide the rules on who can pursue damages in a wrongful death action outside the immediate family. Other close relationships may qualify individuals to be allowed as beneficiaries of a deceased person’s estate.

How Long Do You Have To Bring an Action?

In Utah, Texas and Wyoming, where we serve clients, individuals have two years to file a lawsuit for wrongful death. While two years is standard, some states vary on the period allowed to bring an action.

Time is critical to a successful case. If the issues are complicated, it could take significant research and investigation to determine fault. There is no obligation to consult with one of our lawyers to see where your case stands.

Why Is Having an Experienced Lawyer Crucial to Your Case?

With a wrongful death claim, survivors have many concerns and the need to be heard. At Fielding Law, you have direct access to your attorney because our clients are the top priority. We desire to give you the knowledgeable legal representation and personal attention necessary at such a difficult time.

A lawsuit for damages is important for bringing closure after a devastating event. It may also be the financial lift your family members need to make it through the years to come. If you hire our firm, you don’t pay fees unless we win your case. Take some time to talk with us. We want to help.