If a loved one has been the victim of a wrongful death, you may be able to file a wrongful death lawsuit. A related option is a successful negotiation that results in no wrongful death lawsuit needing to be filed.
Differences With Criminal Cases
First, it is important to understand the differences between a criminal case and a wrongful death lawsuit, both of which can be connected to the same incident.
A criminal case is brought forth by a prosecutor, and a conviction can result in the defendant spending time spent in prison, probation or needing to pay restitution to those affected by what had happened.
Conversely, a wrongful death lawsuit would be filed by, in most cases, a relative of the decedent, and money is the only thing that could be awarded.
Additionally, a conviction in a criminal case requires that the case be proven "beyond a reasonable doubt" with 100% jury approval while a civil case only requires that a "preponderance of the evidence" point in the favor of the one filing the lawsuit with nine or more of the 12 jury members agreeing.
Who Is Eligible to File a Wrongful Death Lawsuit?
Only certain people may file a wrongful death lawsuit. These are usually the decedent's surviving spouse or domestic partner and children. If nobody fits either description, then other family members are eligible, such as the decedent's siblings or parents.
Regardless, those who were financially dependent on the decedent may be eligible. Usually, they must be family members, however.
Those who are eligible to bring forth this lawsuit must do so collectively.
Note that if the victim contributed to their own death, that factor will reduce how much money will be awarded.
When Should a Wrongful Death Lawsuit Be Filed?
In most cases, the statute of limitations for a wrongful death lawsuit is two years. However, this can vary, depending on the specific circumstances of the case. For that reason, it is important to not hesitate before seeking legal assistance to ensure that all deadlines are met.
Possible Causes of Death
Essentially anything can wrongfully cause someone's death. That said, there are some circumstances that occur more often than others, including vehicular, motorcycle and bicycle accidents and the deadly use of toxic chemicals or defective products.
A wrongdoer may be liable for what happened if their actions intentionally caused the death or if it was the result of recklessness or negligence.
What Damages May Be Recovered?
Those who are successful with a wrongful death lawsuit or negotiations related to it may receive money related to economic and non-economic damages.
Economic damages can include financial support that the decedent would have provided in the future had the incident not occurred as well as related household services. In addition, burial and funeral expenses would be covered.
As for non-economic damages, those can be for loss of consortium which is the loss of moral support, protection, companionship, guidance, affection and sexual relations. Damages can also be related to the decedent's own pain and suffering between the time of the incident and their death. However, a loved one's pain and suffering cannot be applied to a wrongful death lawsuit.
Punitive damages may also be awarded, but this seldom occurs. When it does, that is because the defendant was deemed to have acted in an especially careless and harmful manner.
What Is Mediation?
A judge may require that both affected parties attend a mediation, otherwise known as a settlement conference, which is usually overseen by a lawyer or retired judge. In many cases, this results in a settlement. If it does not, the court case continues.
A mediation, when it is ordered, usually takes place around a year into a case.
Will an Appeal Follow a Decision?
If a case related to a wrongful death lawsuit goes the duration and results in a jury decision, that judgment may be appealed by the losing party.
