A deceased accident victim’s spouse, child, or close family member can usually file a wrongful death lawsuit. In their absence, a personal representative of the deceased may file the action for wrongful death.

Here is an explanation of how wrongful death suits work and why you should contact an experienced Cape Girardeau wrongful death attorney immediately if you recently lost a loved one in preventable circumstances.

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Wrongful Death Lawsuits Introduction

A fatality caused by the careless, reckless, or intentional misconduct of someone other than the deceased victim constitutes a wrongful death under state law. Stated another way, if the victim could have sued for damages had they lived, a wrongful death has occurred.

State laws permit the parties harmed by a wrongful death to sue the at-fault party for damages. This legal action is known as a wrongful death suit. It seeks damages for the losses surviving parties suffered because of the death of their loved one.

Wrongful death suits are similar to, but distinct from, so-called survivorship actions. A survivorship (or survivor) lawsuit seeks compensation for the damages the deceased victim suffered before death.

Wrongful death suits and survivorship actions often get combined in a single case. But they’re separate concepts—wrongful death damages compensate the people still living for the impact of the loss of their loved one, while survivorship damages pay the deceased victim’s estate for the harm the victim suffered pre-death.

Parties Who Can File a Wrongful Death Suit

The laws of the state where the victim died dictate who can file a wrongful death lawsuit. The most reliable way to find out who can file a wrongful death suit in your state is to consult with a qualified lawyer immediately. In general, the laws grant the right in the following order of priority.

Surviving Spouse, Children, or Parents

The decedent’s surviving spouse, children, and parents are usually first in line to seek compensation for wrongful death. This includes biological (legitimate or illegitimate) or adopted children and natural and adoptive parents. For instance, if the decedent was married, the surviving spouse or an adult child would typically file the wrongful death claim. If the spouse is deceased, the decedent’s child (or if a minor, the child’s representative) or parent could proceed with the suit.

Siblings or Lineal Descendants

If the decedent was unmarried and had no children or surviving parents, the right to pursue a wrongful death legal action usually goes to their siblings or lineal descendants. However, before siblings can file a wrongful death legal claim, the law may require them to establish they suffered losses resulting from the death and, consequently, are entitled to monetary compensation.

Personal Representative

If a person passes away without having qualified family members who can file a wrongful death suit, a personal representative (in legal terminology, a plaintiff ad litem) of the deceased’s estate can file the claim. This representative is usually designated in a last will and testament or appointed by a court. Compensation recovered in a personal representative’s wrongful death suit typically goes to parties entitled to receive it under laws governing the distribution of estates when there’s no will.

Circumstances Frequently Leading to Wrongful Death Suits

A wrongful death can occur in a virtually limitless range of circumstances. The ones below are among the most common. No matter how your loved one’s death occurred, contact an attorney immediately to protect your and your family’s rights.

Motor Vehicle Accidents

According to the National Highway Traffic Safety Administration (NHTSA), tens of thousands of Americans die in motor vehicle accidents annually, making crashes one of the nation’s leading causes of preventable death. Wrongful death suits frequently arise from traffic accidents caused by careless or reckless drivers who endanger the public by driving while distracted, over-tired, or under the influence of alcohol or drugs. Experienced wrongful death lawyers can handle traffic death cases involving cars, trucks, motorcycles, and pedestrians.

Medical Malpractice

Errors by medical professionals, including doctors, P.A.s, and nurses, sometimes lead to the death of a patient. Mistakes that reflect a provider’s failure to meet a minimum standard of care for a patient can constitute medical malpractice and lead to a wrongful death suit. Pursuing a wrongful death claim against a medical provider may require following special legal procedures, making it critical to hire an experienced medical malpractice lawyer.

Defective Products

We trust the consumer and industrial products we use and consume in our everyday lives won’t harm us. But sometimes, product manufacturers let us down by selling dangerously defective goods that threaten our lives even when used as intended.

An experienced Cape Girardeau product liability lawyer can handle wrongful death cases arising out of, for example:

• Medications that cause catastrophic side effects
• Poorly made household appliances
• Contaminated food or water
• Industrial accidents linked to faulty equipment

Contact a lawyer immediately if your loved one died after using or consuming a dangerous or defective product. Your family may have rights to significant compensation.

Dangerous Property Conditions (Premises Liability)

Owners, tenants, and managers of commercial, residential, and public property owe visitors their premises a duty of care. They must take reasonable steps to ensure their guests’ and customers’ safety, such as fixing dangerous conditions, providing security, barring unsavory individuals, posting warnings, or roping off hazards. A skilled personal injury and premises liability lawyer can pursue a claim for wrongful death arising out of a fatal incident on property the victim did not own.

Who Can You Sue for Wrongful Death?

As the surviving spouse or family member of a deceased accident victim, you generally have the right to sue anyone whose careless, reckless, or intentional misconduct led to your loved one’s death. You may also have the right to file suit against other individuals, businesses, or entities with a legal duty to answer for an at-fault party’s actions.

For example, parties facing liability for wrongful death could include:

• A drunk driver who caused a fatal crash
• The employer of a trucker who fell asleep at the wheel of a big rig and triggered a deadly pileup
• The owner of an industrial business that spilled toxic chemicals into the water supply
• The manufacturer of a consumer product that poisoned people who used it
• A medical provider who failed to diagnose a patient’s fatal illness until it was too late
• A government entity that did not maintain reasonably safe roads and bridges

These are just a few possible examples of parties who might owe damages for wrongful death. The most reliable way to learn who may owe you and your family compensation for your tragic loss is to contact an experienced attorney as soon as possible.

Compensation Potentially Due for a Wrongful Death

The damages due in a wrongful death suit vary from state to state and can depend on whether the parties file it together with a survivorship action. They may include:

• The decedent’s medical expenses before death
• The decedent’s pain and suffering in connection with the cause of death
• Loss of the decedent’s lifetime income, job benefits, inheritance, or household services
• Loss of the decedent’s companionship, consortium, parental guidance, or society
• The emotional anguish of a surviving spouse, child, parent, or family member
• Funeral and burial costs.

Some states also limit the compensation you can claim in certain wrongful death cases, such as pain and suffering damages in medical malpractice cases. Talk to an experienced lawyer today to learn about the potential compensation you and your family might receive through a wrongful death suit.

How Long Does It Take to Resolve a Wrongful Death Suit?

Wrongful death suits do not have a predictable timeline, although they’re often more complex and contentious than personal injury cases not involving a fatality. Some cases get resolved relatively quickly through an out-of-court settlement. Others end up in years-long court battles.

In general, you can’t control the factors affecting the timeline for a wrongful death case, which can include:

• How long it takes to locate critical evidence supporting a claim
• The length of disagreement between the parties over fundamental questions like who was to blame for your loved one’s death or the damages appropriate to pay as compensation
• The number of parties who potentially face liability for your loved one’s death
• The amount of damages at stake.

You do, however, have control over one critically important facet of the timing of a wrongful death suit—how soon you talk to a lawyer about your case. As mentioned several times, the wisest course of action is to contact a wrongful death lawyer as soon as possible after your loved one’s death. Waiting to contact a lawyer will only delay the resolution of your wrongful death case.

Services a Wrongful Death Lawyer Can Provide

A wrongful death lawyer’s primary job is to get surviving spouses and family members maximum compensation for their loss. But lawyers also understand that their clients in wrongful death cases often face numerous, unexpected life challenges. And they know that money can never compensate for losing a beloved spouse, child, parent, or sibling. So they strive to provide a full range of services to take burdens off their clients’ shoulders and create space for them to grieve, heal, and rebuild from their loss.

The many tasks a wrongful death lawyer can perform include:

• Conducting an independent investigation of the circumstances of a death and who was to blame
• Representing their clients’ interests in connection with official investigations of wrongful death
• Answering questions, advising about options, and guiding clients in making critical decisions that could affect their rights
• Reviewing insurance policies to determine if and for how much they cover expenses related to wrongful death
• Preparing, filing, and pursuing a wrongful death suit in court
• Handling all interactions with insurance companies on their clients’ behalf
• Negotiating settlements of wrongful death claims with defense lawyers and insurance companies
• Taking a wrongful death suit to trial to present the case before a judge and jury
• Collecting and disbursing all money owed to their clients under the terms of a settlement, court judgment, or jury award.

Wrongful death lawyers routinely perform these and similar services on a contingent fee basis. That means that they do not ask for upfront payments and do not charge hourly rates. Instead, they work in exchange for a portion of any money they recover on behalf of their clients. If they do not deliver results, in other words, they do not get paid. By working on contingency, wrongful death lawyers make their services affordable and accessible to anyone who needs them.

Contact an Experienced Wrongful Death Lawyer Today

If you recently lost a spouse, child, parent, sibling, or close family member in circumstances caused by someone else’s wrongdoing, you or your family may have the right to pursue a wrongful death suit for damages. The laws of the state where your loved one died will determine precisely which of you can file a claim. But regardless of the particulars, the only viable way to pursue an action for wrongful death is to hire a seasoned Cape Girardeau personal injury lawyer as soon as possible.

Do not delay seeking the legal help you need during this difficult time. Contact a skilled, compassionate wrongful death attorney today for a free case evaluation.