Wrongful death claims can be incredibly difficult for the family. That is part of why it is vital to outsource your case to a lawyer.
While we are certainly sympathetic to your case, we have a bit of distance from the case and can help advise you with a level head. No matter what happened to cause your loved one’s death, we can work to hold the responsible parties liable and work to get your family the justice they deserve.
For your free case evaluation, call Rice Law’s wrongful death lawyers today at (803) 219-4906.
What is a Wrongful Death Claim?
If someone was injured and survived, they could sue the defendant for what happened. When they die instead, the case is handed off to the estate to file in the victim’s place. Additionally, the family of the victim faces irreversible harms and expenses because of the death, too.
A wrongful death claim accounts for all of these issues. It reimburses the beneficiaries for the victim’s own damages, plus the damages the family faces.
What Kinds of Accidents Can Wrongful Death Claims be Filed For?
Wrongful death claims can be filed for many different kinds of injury cases. The following are just some examples:
- Deadly car accidents
- Drownings
- Medical malpractice
- Birth injuries
- Deadly injuries from defective products
- Deadly work accidents (as long as you are not suing the employer)
In addition, you can sue for deaths that are not accidental at all. Murder and manslaughter cases can also lead to wrongful death claims to get damages for the family, separate from any criminal cases.
Who Can File a Wrongful Death Lawsuit?
When a loved one dies, the family is the one hurt the most. The closest family members can get compensation from the wrongful death lawsuit, but they are not actually the ones to file the claim.
Instead, the personal representative of the victim files the claim. This person is also called the estate administrator or the executor.
The personal representative is named in the victim’s will, if they had one, or else appointed by the court. It is usually a spouse, parent, sibling, or other trusted person. It can even be a lawyer you know and trust.
Our wrongful death lawyers can seek to get someone in your family appointed personal representative to represent your interests appropriately.
Who Gets the Damages?
The families of a victim can get damages for themselves and for the harm to their deceased loved one. These damages are usually to benefit the spouse and children or, if there are none, for the victim’s parents or other heirs.
When it comes to actually dividing the recovered damages, they are divided in the same way the law would pass on the victim’s estate if they died without a will. This is the rule, whether they actually have a will or not. This usually means it goes to the spouse and children, then parents, then siblings and other close relatives.
Parents often cannot get damages if they were in part responsible for the death.
What Damages Can Be Claimed?
We have hinted at the damages being both for you, as the surviving family members, and for the victim.
The victim’s damages, if they had lived to file an injury lawsuit, would have covered their medical bills, lost earnings before death, pain and suffering, and other damages. These can be disbursed to the family instead of the victim.
This also covers end-of-life medical care costs as well as funeral and burial expenses, things the victim obviously would not have claimed if they survived.
As for the family’s damages, the amount and categories of damages will depend on the relationship to the victim and the victim’s situation. Many victims are parents and spouses who bring home paychecks, meaning the family would need to claim their missing wages as damages. These amounts would be calculated to cover how much the victim would have made for the rest of their expected working career if they had lived.
The family can also get damages for these:
- Lost companionship
- Lost counsel and teaching
- Lost intimacy for a spouse
- Pain and suffering for the family
How Much is Our Case Worth?
As noted, damages for the victim’s lost wages can be calculated to cover how much they would have made for the rest of their life. This means that the loss of younger adults, working people, and people with a high potential for raises and economic growth would result in higher damages.
Contrast this with the loss of a retired grandparent. Certainly, their lost companionship, babysitting services, and wisdom will take a toll on the family, but there might be a reduced economic impact if they were not bringing home a wage.
It is incredibly difficult to put a value on a person’s life, especially when you also have to include the cost of the family’s grief. For this reason, it is impossible to estimate the value of your case so early on and without examining all the facts and financial records.
What Evidence Can I Use in a Wrongful Death Case?
In many injury cases, we rely on the victim’s testimony to explain what happened. When the victim has passed, it is difficult to piece together what happened.
We often rely on things like photos of the damage, such as in a car accident case. We can also use outside witness statements to explain what happened. Accident reconstruction experts can also potentially examine an accident scene and determine what happened through technical and scientific expertise.
The defendant’s admissions and statements they made before, during, and after the death can also be used against them to prove what happened. For example, if they told a police officer that they hit your loved one, that might be used as an admission of fault.
Call Our Wrongful Death Lawyers for a Free Case Evaluation in Hardeeville
Contact Rice Law’s wrongful death lawyers for a free case evaluation at (803) 219-4906.