Losing a loved one is always difficult and puts the surviving family members in an incredibly painful situation whose effects can last for a lifetime. But losing them as a result of another person’s action can be even more devastating. Nothing can take the place of a deceased loved one, but there are laws that can help you recover damages in these situations as you have the right to compensation for the suffering you have endured and the financial loss you have sustained.
What Is a Wrongful Death Claim?
When a wrongful death lawsuit is filed, it’s claimed that the death of a decedent may have been caused by the neglect or intentional act of another individual. It’s a type of personal injury case where the incident results in the death of the aggrieved party. For example, if someone who is driving under influence causes an accident in which one of your family members is killed, the at-fault driver may be liable in a wrongful death lawsuit. Similarly, in a medical context, if a doctor’s negligence or malpractice results in someone’s death, he may be liable as well.
The wrongful death law is designed to protect and compensate the survivors for their economic loss caused by the decedent’s death. Therefore, the money awarded to the family does not pass through the deceased person’s estate and it’s not subject to any claims that others may have to the estate such as debt recovery claims by creditors. In many states, wrongful death compensation also includes the mental and emotional suffering sustained by the decedent’s survivors which is often very complicated to quantify.
Who Can File a Wrongful Death Lawsuit?
The class of individuals who have standing to bring a wrongful death lawsuit for the loss of a loved one differs from state to state and it depends on the status of the decedent at the time of his or her death. For example, in New Jersey, the lawsuit is brought by the heirs in a hierarchical manner where the recovery is first sought by the surviving spouse and children and if there is no surviving spouse and children, it’s pursued by the surviving parents, and if there are no surviving parents, then surviving siblings, nieces and nephews.
Whereas, under Texas law, the statutory beneficiaries in wrongful death claims are limited to only the decedents’ children, spouses, and parents excluding the siblings and other relatives.
What Is the Time Limit for Filing a Claim?
When struck by the grief of losing a loved one, it is important to find a good law firm and take legal action fairly quickly, because there is a time sensitivity to these claims. In most states, the statute of limitations for wrongful death action—the amount of time the family members have to file a claim—is two years from the date of the decedent’s death, but it may vary by state. In some jurisdictions such as Kentucky, Louisiana, and Tennessee, the deadline for these claims is only one year while it’s three years in some other states like Washington and Oregon. After the time limit has passed, the court will almost certainly refuse to hold any hearing.
This, however, should not be confused with a survival action whose statute of limitations counts from the date of the harmful act that eventually led to the decedent’s death. In some cases, the dates of the act and death are the same but in others, the death occurs further down the road.
Recoverable Damages in a Wrongful Death Claim
The laws surrounding wrongful death strive to allocate a monetary value to the life of the departed individual both in terms of economic and intangible aspects. This is usually a complex and challenging process wherein the courts have to take into account a number of factors to determine the amount that should be awarded.
First, they have to review the history of the decedent’s past income as well as estimate the potential future income growth they would have enjoyed had the incident not occurred. The process also includes an assessment of the deceased individual’s natural life expectancy to better determine the number of years the incident took away for a more accurate damage calculation. Moreover, the economic value of all of the non-monetary services, assistance, guidance, and training that the decedent would have provided to his or her survivors such as caregiving and housekeeping must be evaluated to compensate for their replacement costs. Additional damages include any medical expenses incurred as a result of the harmful act that led to death, expenses concerning the administration of the estate, and funeral expenses.
In a wrongful death case, the deceased’s survivors are not necessarily compensated equally as it depends on who is surviving at the time. Mostly, a settlement is made among the family members as to how the money is going to be divided. But if no agreement is achieved, the case must be judged by the court where beneficiaries have to testify to establish their relationship with the decedent and make a case for their suffering due to the loss.