In most cases, the people who file a wrongful death lawsuit would often need the expertise of a reliable wrongful death lawyer to navigate the many types of damages. These types of damages typically fall into two broad divisions: those that cater to the losses the victim suffered before their death, and those that cater to the consequences of that person’s death. While these types of damages are broad, they are classified as either economic or noneconomic damages. Economic damages encompass losses that can be quantified, while noneconomic damages are more subjective and harder to quantify.[1]
It follows from the above that the types of damages that can be awarded in a wrongful death lawsuit claim are broad and have to be looked into keenly so that you can understand the rationale for the same when working on a personal injury lawsuit. It should be noted that the damages that can be awarded in a wrongful death lawsuit shall always vary from one case to the next as every wrongful death lawsuit is based on a different and unique set of circumstances. It follows therefore that the damages awarded in a wrongful death lawsuit shall vary from the next and the next wrongful death case.
Who Files a Wrongful Death Lawsuit?
The family members of the deceased person shall in most cases file a wrongful death lawsuit to follow up on compensation that should be paid by the at-fault party to the estate of the deceased person. While it would be expected that family members may file a wrongful death lawsuit, there are certain instances in which the estate representatives of the deceased person shall commence the wrongful death lawsuit.
Types of Compensation Available in a Wrongful Death Case – What Causes Wrongful Death Cases?
There are many possible causes of wrongful death claims. The causes vary because they are unique to every case. The following are the major causes of wrongful death lawsuits:
Medical malpractice- If there is medical malpractice, it is possible that the same could result in a wrongful death. When such a death happens, the family members and the legal representatives of the deceased person’s estate shall take up the matter and pursue a wrongful death lawsuit as that may be one of how the family members of the deceased and their loved ones can receive compensation. It should be noted that in the United States, more than 20% of medical malpractice involve a situation in which there is a wrongful death.
Car accidents- There are thousands of deaths that happen as a result of car accidents in and outside California. When car accidents happen, the loved ones and the legal representatives of the deceased person’s estate shall file a wrongful death lawsuit to pursue the compensation that they believe they deserve.
Product liability- while most product liabilities would often result in injury, there are certain situations in which the same may result in death. In instances where death occurs, the estate of the deceased person can commence the process of seeking compensation by filing a wrongful death lawsuit.
Accidents at the workplace- While most accidents at the workplace may result in minor injuries, there are certain occasions in which the same may result in some fatalities. When such fatalities occur, the legal representatives of the estate of the deceased person may commence wrongful death claims.
What are the Damages that may be Awarded in a Wrongful Death Claim?
In most instances, people who file a wrongful death claim would often pursue the damages that would have ordinarily been pursued by the deceased person had they survived the event that resulted in their wrongful death. These types of damages would ordinarily be for the event that happened between the happening of the accident and the ultimate passing of the deceased person. They include:
Medical costs
It should be noted that these costs shall largely cover the medical bills incurred by the deceased person right from the time they were involved in an accident to the time that they passed away. The costs that surround the treatment of the person would often be huge and the at-fault party must be made to compensate the deceased’s person’s estate for the same. [2]
Lost income and wages
It is fundamental to note that while in most circumstances wrongful death shall happen quickly, there are certain situations in which the person may go through the injuries suffered for a long time before they ultimately succumb to the same. It follows therefore that the estate of the deceased person may be entitled to receive the amount that was lost and could not be earned by the deceased person before they die. Moreover, the estate of the deceased person shall be entitled to get compensated for the lost income and wages that they would have earned if the deceased person had not died. [3]
Pain and suffering damages
In most cases, people who survive personal injuries sue to get compensated for the pain and suffering that they went through. While it may be impossible to understand the true extent of the pain and suffering that was suffered by the deceased person, the family members and the legal representatives of the deceased person may sue to get compensation for the pain and suffering that the deceased went through. [4]
The expenses incurred for the funeral and burial expenses of the deceased
Burial and funeral expenses are in most situations high. These costs are in most instances not anticipated by the family or even by the deceased person. The costs for the burial and funeral are normally high and would often go higher within a short time. It follows therefore that because the costs are a result of the liability of a person, the liable person must be made to compensate the family members of the deceased. [5]
Lost future wages
While wrongful death can occur to the young and the old alike, it is more devastating to the family members if the victim of the wrongful death is still a young person with the capacity to earn more. Moreover, even if the person was old, they would often have been in positions in which they could earn more money for themselves and their families. It follows therefore that the lost future earnings can be sought by the family members of the deceased person. [6]
Loss of companionship
The loss of a spouse or companion can be quite emotionally taxing. Starting the process of living without them can be depressing. It follows that the spouses can be compensated for the loss of companionship if the same is included in the wrongful death claim. [7]
Who are the beneficiaries of a wrongful death lawsuit?
There are various beneficiaries of a wrongful death lawsuit. The beneficiaries can be divided into the primary and the secondary beneficiaries. The children of the deceased person, the spouse of the deceased person, and the parents of the deceased person constitute the primary beneficiaries of the compensation that one receives. They are ordinarily the first people who should get a share of the compensation amount. Moreover, they are usually entitled to the largest share of the compensation that is derived from the wrongful death claim.
The secondary beneficiaries are made up of other members of the deceased person. They would include the grandparents and the siblings of the deceased person. This class of people though not the primary beneficiaries would often have to prove that they depended on the deceased person. The secondary beneficiaries would receive a share of the compensation from the wrongful death claim after the primary beneficiaries have received their share.
How is the wrongful death compensation calculated?
In light of the various factors that surround a wrongful death claim and the number of beneficiaries who would want to get a share of the compensation for the wrongful death, it is fundamental that the process of calculating the compensation due to the deceased person’s estate is understood. The following are some of the considerations that have to be taken when calculating the amount of compensation in a wrongful death claim. They are:
The age of the deceased person- A victim of a wrongful death claim who is young and had a huge capacity to earn more money throughout their lifetime would often time have the compensation due to their estate slightly higher than the older victims of a wrongful death claim.
The health of the deceased person- if the deceased person was healthy at the time of their death, the amount of compensation that shall be awarded in a wrongful death claim would be significantly higher than in instances where the person’s health was shaky.
The training and academic qualifications of a deceased person- In instances where the deceased person was highly trained, received higher education and had a high earning capacity, the amount of compensation that shall be awarded in a wrongful death claim shall be larger as compared to when the deceased was not trained, had limited education and had a low earning capacity.
The value of the benefits that have been lost by the family members of the deceased person- If the family members of the deceased person can demonstrate that they have lost benefits that would have been due to them had the deceased’s death not occurred, the amount of compensation that shall be awarded shall factor in such lost benefits.
Medical expenses- if the deceased person incurred huge medical bills before they passed away, the same shall be considered when calculating the final amount of compensation payable in the wrongful death case.
The costs of the funeral and burial expenses- The costs of the unexpected funeral and burial expenses shall be considered when calculating the final amount of compensation due to the family members of the deceased person.
Loss of consortium and support- if it can be demonstrated that there is a loss of consortium and support, the same must be taken into consideration when calculating the compensation payable in the wrongful death lawsuit.
Punitive damages- if it can be demonstrated that there is a justification for the award of punitive damages, the same has to be taken into consideration when calculating the final amount payable by the at-fault party. The punitive damages are principally meant to punish the party that was at fault for the event leading to the wrongful death and to deter any other person that may have similar intentions.
How can a Personal Injury Lawyer Help in the Pursuit of Compensation for Wrongful Death?
A personal injury lawyer shall provide the estate of the deceased person with counsel as to how best to pursue compensation. The personal injury attorneys shall guide on the types of compensation available in a wrongful death case and the things that have to be done to ensure that the family members of the deceased person receive the compensation that they deserve. A personal injury lawyer principally does the following:
They investigate the circumstances leading to the wrongful death- The process of collecting evidence and investigating a wrongful death claim is normally tedious and taxing. The family members of the deceased person may not be in the right mental state of doing the collect the evidence and investigate the wrongful death. In light of this, the personal injury lawyer that they shall engage shall assist them with the tedious process and allow them a chance to grieve their loved one’s death.
The determination of liability- The process of determining liability can be tedious considering the various factors that have to be taken into consideration. As the personal injury lawyers shall be collecting evidence and investigating the event that resulted in a wrongful death, the lawyers shall be better placed to determine liability.
Filing a wrongful death claim- The personal injury lawyer shall assist the family in filing a wrongful death lawsuit. The process of filing a lawsuit may not be perfectly dealt with by a non-lawyer and thus the personal injury lawyer shall assist the family in filing a wrongful death case.
Negotiating with an insurance company- the process of negotiating with an insurance company or the party that is at fault for the wrongful death incident is normally tedious and time-consuming. Furthermore, it requires parties to be in a proper state of mind during the exercise. The surviving family members may not be in a proper state of mind and the personal injury lawyer that they shall engage shall therefore assist them in negotiations to ensure that they get the compensation that they deserve.
Representing the estate of the deceased person in court- the estate of the deceased person shall have an increased chance of getting the compensation that they deserve if they are represented by an experienced attorney. It follows therefore that the attorney that they shall engage shall represent them in court in pursuit of the compensation that they deserve.
Related FAQs
How long shall my wrongful death lawsuit take before it is resolved?
The period that your case shall take before it is resolved is dependent on so many things that are outside your control. The factors that influence the period include the willingness of the at-fault party or their insurance company to settle the matter outside court, the type of personal injury lawyer that you retain, the directions of the court that is handling the case, and other factors that may be unique to your case. It is therefore necessary that you consult your personal injury lawyer on the same.
What should I consider before engaging a personal injury lawyer to represent me in my wrongful death claim?
Principally, you should consider the qualifications and expertise of the personal injury lawyer that you are speaking to. You should look at their previous client reviews and their capacity to handle their case. You should inquire from them as to how they update their clients on the developments of their cases and how dedicated they shall be to pursuing the compensation that you deserve.
How do personal injury lawyers dealing with wrongful death claims charge their legal fees?
While most lawyers charge their fees on a contingency fee basis ( the basis with which they must first be successful and lay claim to part of the compensation as fees), other lawyers may have unique ways of charging their fees. It follows therefore that you must inquire from the lawyer that you are considering to hire as to the manner they charge their fees before engaging them.
When can I file a wrongful death in California
You can file a wrongful death claim in California if the death of your loved one emanated from the negligence of another party, as a result of a defect in a product, or in the event there was an intentional act on the part of another party towards the passing of your loved one.
What is the process of filing a wrongful death in California?
While the process of filing a wrongful death claim can appear complicated, it is important to note that the most fundamental process of filing the claim is reaching out to an experienced personal injury lawyer and speaking to them about your case. Big Ben Lawyers are available throughout the week and throughout the day and shall greatly assist you in filing the wrongful death claim.
Within what period should I file a wrongful death claim in California?
You must ensure that you file a wrongful death claim within two years from when the wrongful death occurred. Failing to file a wrongful death claim within the stipulated time will likely result in the estate of the deceased person not receiving the compensation that they deserve. As the process that ordinarily takes time is the collection of evidence and investigation of the event leading to the wrongful death, you must begin the process as soon as your loved one dies. Moreover, you must ensure that you engage the services of an experienced attorney as soon as your loved one dies so that they can begin the process. However, should it become apparent to you that the timelines have passed, you should speak to a personal injury lawyer as soon as possible so that they can advise you as to the best way forward after reviewing the facts of your case.
What should I do to ensure that the compensation that is derived from a wrongful death claim is high?
You must ensure that you engage the services of a personal injury lawyer who understands the wrongful death case and who has the necessary experience to deal with the case. You must also ensure that you constantly get in touch with the lawyer to ensure that they are dedicated to ensuring that your claim is successful. You must also assist the personal injury lawyer that you engage in collecting and putting together all the necessary pieces of evidence to ensure that you are successful.
As a family member of the deceased, shall I be required to attend court?
While the personal injury lawyer that you shall engage shall attend most of the court events on your behalf, there are certain instances in which you shall be required to attend court. Such instances would include periods in which you shall be required to testify. You should keep in touch with your personal injury lawyer so that they can inform you when you should attend court.
As a family member of the deceased who is duly recognized as a legal representative of the deceased, can I negotiate with insurance companies without an experienced attorney?
No. You should ensure that you consult an experienced personal injury attorney before you engage with an insurance company. By attending the negotiations without a lawyer, you shall be exposing yourself and the beneficiaries of the deceased’s estate to a situation in which you can be exploited into accepting an amount that is not commensurate to the amount that you deserve. It follows from this that you should engage the services of a personal injury lawsuit attorney as soon as possible and before you engage the insurance company or their representatives.
Big Ben Lawyers
Big Ben Lawyers have the experience and capacity to help you with any wrongful death claim. The law firm has successfully represented hundreds of clients in wrongful death claims. Big Ben Lawyers are always available to answer any question that you may have about a wrongful death claim. Big Ben Lawyers charge their fees on a contingency fee basis and this would mean that you do not have to worry about costs in the case. Contact us today so that we can begin the process of getting you the compensation that you deserve.
[1] Forbes Advisor, What Are Economic Damages?, available at https://www.forbes.com/advisor/legal/personal-injury/economic-damages/ accessed on 18.5.2024
[2] Ibid.
[3] Ibid.
[4] Occupational Assessment Services Inc, Difference Between Economic And Non-Economic Damages, available at https://www.oasinc.org/difference-between-economic-non-economic-damages   accessed on 18.5.2018
[5] Ibid
[6] Ibid.
[7] Ibid n.4.