Wrongful death occurs when the wrongdoing or negligence of a person or business directly causes a person's death. The wrongful death statute of limitations varies by the case circumstances and state of occurrence. While most states impose a two-to-three-year time limit, the statute of limitations ranges between one and six years nationwide.
Consult a local Winder wrongful death lawyer to determine if you have a case and what types of damages you can be financially compensated for after your loss.
Who Is Responsible for Wrongful Death?
The individuals responsible for wrongful death depend on the circumstances of the case. Common defendants in wrongful death claims and lawsuits involve:
- Motor vehicle drivers
- Pedestrians and cyclists
- Medical professionals
- Healthcare providers and hospitals
- Nursing home facilities and staff
- Commercial property owners
- Homeowners
- Dog owners
Many circumstances of wrongful death can include multiple liable parties. For example, it's common for truck accidents to seek compensation from the truck company's insurance in addition to the truck driver's insurance. To maximize compensation, a personal injury lawyer will investigate and uncover all liable parties within the wrongful death statute of limitations.
Who Can File a Wrongful Death Claim?
There is a general order for eligible wrongful death beneficiaries. However, eligible claimants vary by state. Most states consider immediate family members before other beneficiaries. Possible wrongful death claimants include:
- Primary Beneficiaries —Surviving spouses, biological children, adopted children, and parents or stepparents of the decedent. Some states extend primary wrongful death beneficiary status to domestic partners.
- Secondary Beneficiaries —Siblings, cousins, aunts, uncles, nieces, nephews, and grandparents. Some states will extend secondary beneficiary status to someone unrelated to the deceased but financially dependent on them, such as foster children.
Another viable beneficiary is an executor or personal representative appointed by the decedent in their will. If no will is attached to a deceased person's estate, a court will assign the most qualified requesting family member as the administrator, making them eligible to file a wrongful death insurance claim or lawsuit.
Can There Be Multiple Beneficiaries in a Wrongful Death Claim?
Laws vary regarding multiple beneficiaries filing claims or lawsuits within the wrongful death statute of limitations. Some states allow a single claim to be brought, while others allow multiple beneficiaries represented by individual law firms. Consult a local attorney to clarify your case and state regulations.
Types of Wrongful Death Claims
Numerous factors and situations can cause wrongful deaths. The most common types of wrongful death cases involve:
- Medical malpractice
- Nursing home negligence or abuse
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and Falls
- Swimming pool accidents
- Fires
- Premises liability
- Work-related accidents
- Accidental poisonings
Wrongful death usually results from accidents. However, intentional acts of harm, such as assault and murder, are also valid wrongful death lawsuits. If you're a family member of someone who died as a result of an intentional act of harm, consult a wrongful death lawyer immediately. You may be entitled to recover financial compensation for your loss.
How Long Does a Wrongful Death Claim Take to Settle?
Wrongful death claims can be settled in a few months or take several years, depending on the case and state. Factors that affect a settlement timeline include the type and complexity of the case, the severity of the deceased person's pain and suffering, the length of the investigation, and negotiating with liable insurance companies.
What Is the Average Wrongful Death Settlement?
The average settlement for wrongful death varies by case circumstances and state's jurisdiction. Many things influence the size of a wrongful death settlement, such as:
- Their age and health before the accident
- Their education and formal training
- Their lost earning ability (including bonuses, benefits, and trajected promotions)
- The age of filing survivors and their circumstances
- The amount the decedent suffered before their untimely death
- The degree of fault of the decedent
- The liable party's insurance policy coverage
- The at-fault party's ability to pay the wrongful death damages
Joint and several liabilities can also affect the settlement. While multiple liable insurers can complicate and slow down the process, it also gives accident victims a greater chance, sometimes, at obtaining maximum compensation.
What Damages Can You Seek Compensation for in a Wrongful Death Settlement?
An experienced wrongful death attorney will utilize their network of experts to determine all financial damages and other losses involved in your wrongful death claim. Their network may include medical, psychological, economic, and accident reconstruction experts. Typical damages a wrongful death attorney will seek compensation for are as follows:
- Medical —All final medical costs incurred from the accident, including the ambulance, emergency services, surgeries, hospitalizations, imaging, lab work, medical devices, in-home nursing, rehabilitation, disability, and other healthcare expenses.
- Final Arrangements —All funeral or memorial services, burial, or cremation costs for the decedent.
- Professional Damages —All income losses include income, overtime, bonuses, healthcare benefits, and retirement from the date of injury until death. Wrongful death damages may also include the victim's future income This is assessed on their projected career trajectory.
- Property Damages —All property damages due to the accident, including vehicle-related expenses, cell phones and other portable electronics, and residential and commercial building damages.
- Household Services —All outside hired help costs associated with a decedent's needs due to an accident before their death, such as housecleaning, cooking, lawn and home maintenance, and childcare services.
- Non-Economic Damages —All intangible losses, including the pain and suffering of the decedent before their death, your pain and suffering, loss of parental guidance, and loss of household services the decedent performed.
A loss of consortium is a considerable wrongful death damage sought after by surviving spouses. Loss of consortium includes a loss of companionship, affection, love, physical intimacy, shared activities, household services, and support and guidance.
All states in the union impose no cap on economic damages because they are verifiable through a paper trial. However, many states have non-economic damage caps, especially concerning medical malpractice. Georgia does not impose a damage cap on economic or non-economic damages.
How Can a Wrongful Death Attorney Can Help You Receive Financial Compensation?
An experienced wrongful death can recover compensation through thorough investigation, evidence collection and preservation, accident reconstruction, insurance negotiations, and litigation.
A Compassionate Wrongful Death Attorney is Standing By
If you experienced the tragic loss of a loved one due to someone's negligence or wrongdoing, contact a personal injury attorney immediately. You'll want to discuss your legal rights, including the right to recover financial compensation.