Wrongful Death Attorney

In the wake of an untimely death in the family, many struggle with the personal, emotional, and financial consequences of the loss. This can obscure the path toward compensation through legal action if someone else was responsible for causing the death. Therefore, it is important that you are familiar with the laws on wrongful death actions in your state.

If the death resulted from another party’s negligence, recklessness, or intentionally harmful behavior, you or the personal representative of the deceased’s estate may be be entitled to recover substantial compensation through a wrongful death lawsuit. These actions generally recover compensation for the estate and its beneficiaries.

To learn more about potential legal remedies for the loss you and your family have sustained, reach out to the dedicated wrongful death attorneys at Wruck Paupore. You can get immediate assistance through a free initial case assessment when you call our offices today at (219) 322-1166.

Identifying a Wrongful Death Lawsuit

When a person or entity causes the untimely death of another person, they impose serious emotional and financial consequences on their family and loved ones. Every state follows a different approach as to whether and how the family is allowed to recover compensation from the at-fault party. This includes situations where the cause of death was the result of negligent, reckless, or intentional conduct.

These are the same essential parameters that create personal injury lawsuits where the victim survives the incident in question. Therefore, it can be helpful to those assessing whether they have legal options to think about a wrongful death lawsuit in a similar way as a personal injury lawsuit, although there might be important distinctions.

For instance, if a drunk driver caused an accident that injured someone in another vehicle, the injury victim could sue the drunk driver for the harms they sustained in a personal injury lawsuit. In the same fashion, if the victim did not survive their injuries sustained in the car accident, their death may create grounds for a wrongful death lawsuit by loved ones or family members.

Filing a Wrongful Death Lawsuit

One of the key differences between a personal injury lawsuit and a wrongful death lawsuit is in how the claim is filed and who has the right to bring suit. These rules are state-specific, so it is important to have a seasoned wrongful death lawyer to help assess the proper procedure for seeking justice in your case.

In the majority of states, the personal representative of the deceased’s estate can file the wrongful death action. The personal representative, also sometimes referred to as the administrator or executor, is typically identified in the deceased’s will. There are situations where this is unclear, such as where the deceased died without a will or where the named individual does not wish to serve in the role. In these instances, the court can appoint a personal representative.

In some states, parties that are not the personal representative of the estate can file a wrongful death lawsuit. These parties may include the surviving spouse, children, parents, siblings, or others, depending on the laws of the state in which you are filing. In any case, the party that files the wrongful death action generally must use its best efforts to identify any potential beneficiaries of the lawsuit prior to filing.

Recovering Damages in a Wrongful Death Lawsuit

How compensation is awarded and distributed is the area that differs the most between states. Some jurisdictions will distribute the damages directly and proportionally to the beneficiaries. Others may award damages based on the harm to the estate or beneficiaries and distribute them directly to the estate. They will pass to the beneficiaries according to the terms of the deceased’s will or the state’s probate laws.

Each state has different rules about who is considered a “beneficiary.” While some stricter jurisdictions limit potential beneficiaries to immediate family members, such as spouses and children, others may open recovery up to extended family members and others who were substantially financially dependent on the deceased prior to the death.

The best way to determine whether you qualify as a defendant and how much you stand to recover through your lawsuit is to bring your case to the attention of a knowledgeable wrongful death lawyer that is familiar with your state’s laws.

Differences Between a Wrongful Death Lawsuit and Criminal Prosecution

No matter where you are, wrongful death lawsuits are not the same as criminal prosecution. If the party responsible for causing your loved one’s death is facing criminal charges based on the same incident, you should not consider this to be a replacement for your own civil legal action.

If successful, criminal prosecution may lead to jail time and fines for the defendant. However, these actions rarely result in the payment of compensation to the victim’s estate or loved ones. While seeing the defendant found guilty in court can provide closure, it may not provide the financial relief that you and your family require and are entitled to.

Many who have a valid wrongful death claim decide that their case is not worth the trouble if the other party is not criminally charged or is found not guilty. However, wrongful death lawsuits and criminal cases are two very different processes. While criminal conviction generally requires proof “beyond a reasonable doubt,” wrongful death claims only require proof “by a preponderance of the evidence.” This is the difference between a high level of certainty for a criminal conviction and “more likely than not” for a win in civil court.

Since the burden for wrongful death lawsuits is substantially lower than it is for criminal prosecution, many wrongful death claims succeed even where the defendant is found not guilty of criminal charges. Therefore, it is important that you speak with a seasoned wrongful death lawyer before giving up on your case.

Get a Free Case Assessment from the Wrongful Death Attorneys at Wruck Paupore

After sustaining such a painful loss, it can be difficult to focus on your legal options for recovery. To get critical help in obtaining justice, call (219) 322-1166 to get a free initial case assessment from the wrongful death lawyers at Wruck Paupore today.