Wrongful death claims are more complex than other injury cases because they require proving liability for a fatal outcome while addressing multiple beneficiaries, expanded damages, and the emotional weight placed on grieving families.
Roughly 200,000 wrongful deaths occur every year in the United States, according to the Centers for Disease Control and Prevention. The common causes of these preventable deaths include motor vehicle accidents, unintentional poisonings, falls, and medical errors.
If you have lost a loved one in such circumstances, you may be able to file a wrongful death claim against the at-fault or negligent party. However, as you'd expect, these claims are far more complex than the regular personal injury claims. A life has been lost, and the legal process must account for both the emotional and financial impact on the surviving family members.
Who Can File a Wrongful Death Claim?
Wrongful death claims have stricter legal requirements, starting with who is eligible to pursue the claim. Specific laws vary from state to state, but in most instances, priority is given to the surviving spouse, followed by the children. If neither exists, the parents of the deceased can file the claim.
If the death happened in Louisiana, wrongful death lawyer Stephen Babcock can break down the order of priority, which can run down to the surviving grandparents.
The possibility of multiple beneficiaries being involved can also present certain challenges. For example, if the deceased has been survived by several children, disagreements may arise over how damages should be distributed.
What Makes Wrongful Death Claims Harder to Prove?
Establishing liability in a wrongful death lawsuit requires a higher standard of proof. Plaintiffs must demonstrate that the defendant's negligence directly caused death. This often involves presenting complex evidence, relying on expert witness testimony, and a clear chain of causation.
For example, in cases involving suspected medical negligence, the defense may argue that the death resulted from an underlying condition rather than substandard care. In response, the plaintiff must show that the care provided fell below accepted medical standards and directly led to the fatal outcome.
Without proper legal advice, it's almost impossible to navigate such complex legal claims.
Types of Damages Included in a Wrongful Death Claim
Wrongful death claims carry expanded damages. Compensation goes beyond medical bills and lost wages, which are typical in personal injury claims. Compensation can include funeral expenses, loss of future income, as well as non-economic damages such as loss of companionship and emotional support.
How Emotional Sensitivity Makes Wrongful Death Cases More Complex
The death of a loved one is devastating, and a wrongful death can even be more emotionally overwhelming. Knowing that their death was entirely preventable can make processing grief more difficult. At the same time, grieving families are required to engage in a demanding legal process.
These cases often require revisiting the circumstances surrounding the death, which can reopen emotional wounds and intensify distress.
Fight for Your Loved One
A wrongful death can cause great emotional pain, but don't let your loved one's loss be in vain. Pursuing a wrongful death claim allows you to protect your rights and seek justice. While these claims are more complex than a standard injury case, with legal guidance, families can navigate them with ease.
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