The death of a loved one is always painful. Few things compound that pain more than the knowledge that their death was completely avoidable. In the US alone, negligence is the third-leading cause of all deaths.

This means that a huge number of deaths are completely preventable and are attributable to the actions (or lack thereof) of individuals. If you feel like the death of your loved one could have been avoided, it might be time to file a wrongful death suit.

While this may not ease the pain of your loss, it is one way to receive fair compensation through wrongful death damages, securing a measure of justice, and making sure that the cause of the death is less likely to happen again.

If you know little about wrongful death suits and don't know where to start, we have got you covered. Make sure to read this comprehensive guide to wrongful death claims to find out everything you need to know.

Wrongful Death, Explained

Wrongful death encompasses many things. Most importantly, it is a death that is completely preventable and that occurred due to the negligence or malicious intent of another.

It is, essentially, a death for which another party can be held liable. An accidental death may very well be a wrongful death if that accident could have been avoided through less negligent behaviour.

A wrongful death suit is often filed as a civil action, usually by the family of the deceased individual. This is because the material and emotional cost of the death is most likely to be borne by the family.

Common Examples of Wrongful Death

To better understand wrongful death lawsuits and the economic damages that are usually awarded from them, it is worth diving into the most common examples of wrongful death. These are:

Medical Malpractice

This is fast becoming a leading cause of wrongful death in America. Medical malpractice occurs when healthcare professionals fail to follow their own training and rules, which results in the unnecessary death of a patient. It is a form of negligence that causes the deaths of 250,000 Americans every single year.

Intentional Killing

Homicide is, of course, illegal. While the state will pursue their own case against a person charged with murder, the family of the victim can also pursue their own civil case. With an intentional killing lawsuit, you can sue the murderer for damages, regardless of the outcome of the state's case.

Driver Negligence

This is also one of the leading causes of wrongful death in America. This occurs when a driver is not obeying the rules of the road. They might be on their cellphone, speeding, or driving under the influence, causing the death of another person as a result.

If you believe that driver negligence caused the death of your loved one, you should always call a firm that specialises in this specific type of suit.

For example, Alpha Accident Lawyers' services include specialised driver negligence expertise, to boost your chances of a successful claim.

Negligent Third Parties in Workplace Settings

This one is a unique type of lawsuit that requires special attention. If a loved one dies in the workplace, this is usually remedied through a worker's compensation claim.

However, if the person's death was attributable to a third party that is not the person's employer, things change.

If the death is due to the negligence of, say, a contractor, then you would be entitled to file a wrongful death lawsuit against that party.

Who Can File a Wrongful Death Claim?

In every state and in most countries, only a very small number of people are actually entitled to sue for wrongful death. The way that the law decides who is eligible usually falls into two systems.

In one of these, only specific relatives can sue for wrongful death. This is determined by the "closeness" of that relative. For this reason, only spouses, parents, children, and direct siblings are usually entitled to sue.

Even then, the judge may make a decision based on how close they think you are to the deceased. Some states only allow the deceased's estate to file suit.

In this case, one individual from the estate, such as the spouse, will be elected to represent the estate in the case. If the person wishing to file a suit cannot be classed as part of the estate, the claim will be dismissed as ineligible.

Why File a Wrongful Death Claim?

The result of a successful wrongful death claim is nearly always monetary compensation.

This can be used to cover any expenses or costs resulting from a person's wrongful death, including medical bills. It can also be awarded for other, less direct reasons.

Emotional damages can be awarded to compensate for the trauma and pain resulting from the death of your loved one. Meanwhile, punitive damages are awarded if the goal is to simply punish the negligence of the guilty party.

Filing for damages is not just about money, although this is an important factor.

You may wish to sue simply because you feel that the responsible party should be forced to acknowledge their wrongdoing and face some kind of justice for their negligence or malicious actions.

You may even wish to make an example of them to ensure that no one else has to die for the same reasons in the future. All of these are perfectly valid reasons to file a wrongful death suit.

Types of Damages From Wrongful Death Claims

If your wrongful death suit is successful, your award will depend on a huge number of factors. Your lawyer will attempt to account for all of these, to ensure that you receive the amount that you are entitled to. The most common types of damages from wrongful death suits are:

Medical Expenses

These are the direct medical costs you spent on the deceased individual. This could include the cost of surgeries, medications, treatment, and even your own transport to and from the hospital.

Loss of Wages

If you were reliant on the income of the deceased, this one is the most important. Essentially, loss of wages damages attempt to cover all of the future earnings that you have missed out on as a result of the wrongful death.

If someone dies at 30, that's at least 35 years of lost income that could support their family. It's worth noting that loss of wages damages also take into account "consumption".

This means that the number of wages that the deceased person would have consumed will be subtracted from any damages awarded to you.

Expected Wage Advancement

Expected wage advancement includes additional earnings that could reasonably be expected.

It accounts for promotions, bonuses, and indexations that were lost out on as a result of the wrongful death.

For example, if the deceased works in a profession where their union dictates specific pay rises for years of service, the value of those future pay rises will be added to your damages.

Expected Inheritance

This term describes any future earnings or assets that could have been added to your inheritance from the deceased, had it not been for their untimely death. If a person dies early, the inheritance they leave you will be smaller than if they had lived their full lifespan. This type of damage takes this into account.

Emotional Damages

Also known as pain and suffering damages, emotional damages take into account the non-monetary costs of wrongful death. This is meant to be a form of comfort and support for the trauma of loss.

This is also important for material reasons, since your own emotional trauma may prevent you from working and generating income.

Punitive Damages

This is best thought of as justice. Rather than covering costs stemming from death, it's about punishing the party responsible for that death.

It sends a powerful message that the law is against their specific form of negligence and makes it less likely that such wrongful deaths will occur in the future.

Funeral Expenses

Unfortunately, death is expensive. When a wrongful death occurs, that automatically means a very large bill for the family due to funeral costs and associated expenses. This type of damage is simply meant to cover this cost and ensure the responsible party pays it.

Any Out-of-Pocket Expenses

This might seem like a broad, catch-all term. That's because it is. A person's death can cause a huge number of impacts and chain reactions.

The monetary costs of this can be unpredictable and unexpected, and this is meant to cover that.

For example, if a loved one dies while on vacation and you have to pay tens of thousands of dollars to fly over there, identify the body, and then repatriate the body, you should not be responsible for that cost.

What Do You Need to Prove to Win a Wrongful Death Claim?

To win any wrongful death suit, there are three things you need to prove. First, you must prove that the accused party (the defendant) is legally responsible for the death of your loved one.

Second, you must prove that you suffered damages of any kind as a result of the death of your loved one. Third, you must prove that your loved one's death was the result of negligence or malicious intent on behalf of the accused party.

If you cannot prove all of these, you will not be able to win a wrongful death case. This is why it is crucially important to choose the right wrongful death lawyer for your case.

How to Choose a Wrongful Death Lawyer

There are many ways to go about choosing a lawyer to aid you in a wrongful death suit. Numerous lawyers and firms out there offer wrongful death cases assistance. However, not all of these are created equal. If you want to maximise your chances of a successful claim the first time around, you'll need to choose your lawyer wisely.

Here are some of our tips for choosing the right wrongful death attorney for your case:

Relevant Experience

Any lawyer can take on a wrongful death suit. However, it is essential that your lawyer has proven experience in cases similar to yours.

If your loved one died as a result of dangerous driving from another party, you should expect your lawyer to have successfully fought negligent driving death suits in the past.

This is the best way to ensure that your lawyer will fight your case competently.

Transparent Fee Structure

Different lawyers and firms will charge for their services in different ways. Some wrongful death lawyers will charge an upfront fee or a retainer.

Some lawyers will not charge a penny upfront, and will only charge you if your case is successful.

In this instance, the fee will be calculated as a percentage of your awarded damages. It is important that your lawyer is transparent about this and you are 100% clear on their fees before you take them on.

Solid References

You should never, ever simply take a lawyer's word for it. Always ask them to provide references to previous cases that they have fought and won.

Ask them if they can provide any contact information for previous claimants who are willing to share their experience with you. If they are worth their salt, your lawyer will be more than happy to do this.

Emotional and Material Capacity

A wrongful death lawsuit can take a long time to work its way through the system. On top of this, wrongful death suits can be very emotionally draining and even traumatic for the claimant.

For these reasons, make sure to ask a potential lawyer if they definitely have the time and resources for you and your case.

You want a lawyer who will always be available and who will take the time to support you during this difficult period.

Your Money Questions, Answered

A wrongful death lawsuit is something that nobody should ever have to go through.

However, it is often the best way to ensure that a loved one's death does not impact your ability to continue living your life and that you will remain financially secure after your loss.

For more essential guidance on the money questions that truly matter, we have got you covered.

Make sure to consult our dedicated Money guides for practical, real-life guidance for lasting financial security, whatever life throws at you.