Every year, thousands of lives are cut short in preventable accidents. According to the CDC, 44,534 motor vehicle traffic deaths occurred in 2022, making it one of the leading causes of unintentional injury deaths.
For families, these tragedies bring an overwhelming mix of grief and unanswered questions. Why did this happen? Could it have been prevented? And what can be done to hold those responsible accountable?
This is where understanding what is a wrongful death lawsuit becomes vital. A wrongful death claim offers grieving families a path to seek justice and financial relief, covering the loss of income, medical bills, and emotional suffering. If your family is facing this devastating reality, this article will guide you through the basics of wrongful death lawsuits, so you can take the first step toward clarity and justice.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit holds individuals or organizations responsible for actions (or inactions) that lead to someone’s death. The goal is to compensate surviving family members for their loss and deter negligence.
These claims typically arise from situations where another party’s negligence or intentional actions caused a preventable death.
Unlike criminal cases, which focus on punishing offenders, wrongful death lawsuits are civil cases. That means they aim to secure financial compensation for the deceased’s family rather than impose criminal penalties. This distinction is important because it determines the standard of proof required to win a case.
For instance, in a wrongful death claim, the burden of proof is “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s actions caused the death.
Who Can File a Wrongful Death Lawsuit?
The eligibility to file a wrongful death lawsuit depends on state laws. Typically, immediate family members like spouses, children, and sometimes parents are allowed to bring a claim. In some cases, more distant relatives or dependents may also qualify.
For example:
- A surviving spouse often files on behalf of themselves and any minor children
- Adult children may file for the loss of a parent
- Parents of a deceased minor may bring a claim
State laws significantly affect eligibility. For instance, Virginia law prioritizes spouses and children but allows parents or siblings to file if no closer relatives exist.
It’s crucial to act within the statute of limitations, which also varies by state. Missing this deadline might make it impossible to file your claim.
Common Causes of Wrongful Death
Fatal accidents are one of the most common reasons behind wrongful death claims, often rooted in negligence or reckless behavior. For instance, car and trucking accidents frequently result in tragedy, with factors like speeding, distracted driving, and driver fatigue playing significant roles. According to the National Highway Traffic Safety Administration (NHTSA), speeding alone caused 12,151 deaths in 2022.
Similarly, defective products can lead to catastrophic outcomes, whether it’s:
- Malfunctioning machinery
- Unsafe appliances
- Poorly designed drugs
These cases underscore the importance of adhering to consumer safety standards.
Workplace accidents also account for many fatalities, particularly in industries like construction and manufacturing. Hazards such as falls, faulty equipment, or unsafe conditions can prove deadly when safety protocols are overlooked.
In all these scenarios, establishing negligence is critical to holding responsible parties accountable. For example, if a trucking company fails to enforce federal safety regulations, their inaction could make them liable for a wrongful death claim.
What Damages Can Be Recovered?
Wrongful death lawsuits can provide financial relief to families grappling with their loss. Damages fall into two main categories: economic and non-economic.
Economic damages address tangible losses, such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income, including future earnings
Non-economic damages compensate for intangible losses, such as:
- Pain and suffering endured by the family
- Loss of companionship and emotional support
In cases involving gross negligence or intentional harm, courts might award punitive damages to punish the offender and deter similar behavior. The size of a wrongful death lawsuit payout depends on factors like the deceased’s income, life expectancy, and the circumstances of the death.
The Process of Filing a Wrongful Death Lawsuit
Filing a wrongful death lawsuit requires several steps, which can be overwhelming without legal counsel. The process typically involves gathering evidence, determining liability, and negotiating with insurance companies or opposing parties.
Establishing Liability
To file a claim, you must prove that the defendant’s negligence directly caused your loved one’s death. This often involves collecting:
- Police reports
- Medical records
- Witness statements
Calculating Damages
An attorney evaluates the financial and emotional impact of the death to calculate appropriate compensation. This step includes reviewing income records, medical bills, and other documentation.
Filing the Lawsuit
After gathering evidence, your attorney files the lawsuit within your state’s statute of limitations. Most states require filing within two years of the death, though this can vary.
Negotiation and Settlement
Insurance companies often try to minimize payouts. An experienced lawyer can negotiate to ensure the settlement reflects the true value of your claim.
Trial (if necessary)
If a settlement can’t be reached, the case proceeds to court. A judge or jury will determine liability and award damages.
Why Legal Counsel Is Critical
Navigating a wrongful death case without proper guidance often leads to frustration and missed opportunities for fair compensation. Insurance companies sometimes pressure grieving families into quick, low-ball settlements. Having an experienced wrongful death attorney on your side ensures your interests are protected.
An attorney can help:
- Gather evidence and identify liable parties
- Ensure compliance with filing deadlines
- Negotiate fair settlements with insurance companies
If your family has lost a loved one due to someone else’s actions, legal support can provide clarity and ensure you receive what you’re entitled to.
Take the Next Step Toward Justice
Understanding what is a wrongful death lawsuit equips families with the knowledge to seek accountability, justice, and financial support after a tragic loss. These lawsuits ensure negligent parties face the consequences of their actions, while helping families regain stability.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we bring over three decades of dedicated legal expertise to wrongful death cases in Northern Virginia. With free consultations and contingency fees for personal injury cases, we make expert legal representation accessible when it matters most.
Contact us today to schedule your free consultation and take the first step toward the justice your family deserves.
