Wrongful death claims are claims arising from a negligent or intentional action that causes the death of another. Most commonly brought by a deceased loved one’s surviving family or estate, a wrongful death claim is a civil claim filed with the intent of recovering monetary damages. Wrongful death claims do not have any criminal ramifications, and a party found liable for the wrongful death of another cannot be imprisoned. Monetary damages are the only form of redress available. Criminal claims, brought by the State, are a separate and distinct entity. Often, wrongful death claims arising out of criminal activity commence after the criminal trial.
Wrongful death claims can be filed in nearly any type of personal injury case that leads to the death of another. Car accidents, asbestos, slip and falls, medical malpractice, product liability—all of these types of cases can lead to or contain wrongful death claims. Criminal cases such as murder or manslaughter can only be brought against individual people. And while they can also lead to wrongful death claims, regardless of whether a defendant is found guilty or innocent, a company cannot be found guilty of a crime. Wrongful death suits are the only mechanism whereby loved ones may attempt to hold a corporation liable for the death of another. For example, OJ Simpson was found not guilty of murder but was subsequently found liable for wrongful death in a civil trial. He faced both civil and criminal charges. Companies that used asbestos in their products cannot be charged with murdering the users of their products that developed mesothelioma and died, but those companies have been found civilly liable for the wrongful death of thousands, and have paid billions of dollars in damages.
A party is liable for the wrongful death of another when the party’s negligence or intentional act was the proximate cause of the death of another. Wrongful death claims are largely based on legal negligence theories, which follow a 4-part legal analysis: duty, breach, causation and damages. Take a fatal car accident as an example. Driver A has a general duty to drive in a manner that will not endanger the health or property of other. This is a general obligation. Driver A was texting while he was driving home from work and collided with Driver B. Driver B died in the accident. Driver A clearly breached his duty to drive in a safe manner because he was texting instead of watching the road. Driver A’s breach of duty caused the accident, which in turn caused the death of Driver B. Duty. Breach. Causation. Damage. If those four parts are established by the proper level of proof, then Driver A will likely be liable for the wrongful death of Driver B.
The example in the previous paragraph is a relatively cut-and-dried example. More often than not, wrongful death liability is not so clear. Particularly in the areas of medical malpractice and product liability, wrongful death can be very, very difficult to prove. State laws covering wrongful death often have very particular requirements when it comes to medical malpractice. Often a medical professional can do everything right, and patients still die. Medical professionals cannot be held civilly liable for every death that occurs on their watch. If they were, they’d be severely limited in their ability to provide care. In these instances, wrongful death becomes a component of a larger medical malpractice case, and determining liability is a far more complex process under the law.
Simply put, any act or omission that caused or may have caused the death of another can serve as the basis for a wrongful death claim. But for liability to actually attach, there are usually some underlying requirements that must be met. These requirements run the gamut from simple to stunningly complex depending upon the circumstances of the case and the laws of the particular jurisdiction.
Generally speaking, there are two categories of damages available in a wrongful death claim—compensatory damages and punitive damages. Compensatory damages, which are damages designed to compensate the decedent’s representatives for the money associated with their loss of a loved one, consist of two sub-categories: economic and non-economic. Economic damages are quantifiable—they consist of things such as the cost of medical bills, funerals, and loss of future income. Either through written documentation or accepted formulas, a “hard number” can be obtained for economic damages. Non-economic damages include such nebulous categories as loss of companionship, loss of consortium (the physical marital relationship) and pain and suffering. These damages are not easily quantifiable, and can vary greatly depending on the case and the jurisdiction. Punitive damages are monetary damages assessed for no other reason than to punish the defendant for the action or inaction that caused the wrongful death. Punitive damages are not allowed in every case and/or jurisdiction.
With regard to wrongful death damages, the advent of “tort reform” has created a very uneven playing field. Since the 1990s, various states have passed laws limiting or capping the amount a plaintiff may recover in certain types of cases. Common areas in which damage caps have been implemented are in auto negligence cases and medical malpractice cases. This can have an enormous effect on the potential recovery available to a wrongful death plaintiff, because even though a jury may award a multi-million dollar verdict, a judge may be forced to apply the damage caps and reduce a verdict pursuant to state statute.
Wrongful death suits, like any lawsuit, formally begin when an initial Complaint or NOI is filed in the appropriate court. While a Plaintiff and lawyer may have been preparing to bring the suit for months or even years, there is no case in Court until initial pleadings are filed. From that point, a lengthy investigation into the circumstances of the alleged wrongful death will ensue. This is called the “discovery period.” During this time, both Plaintiffs and Defendants will be investigating the particulars of the suit and the people involved. This generally involves written requests for information as well as depositions, which are question and answer sessions taken under oath. Nearly every wrongful death Plaintiff and Defendant will be deposed, as attorneys on both sides will want to leave no stone unturned. The discovery process can be intrusive, upsetting and generally unpleasant for all parties involved. The death of another person is, obviously, a sensitive topic, and emotions always run high. A seasoned and professional attorney is essential to making the discovery phase of a wrongful death case proceed smoothly.
Once discovery is completed, various motions may be filed asking the Court to dismiss the case or summarily rule in favor of a particular party. These motions are only successful if the facts show that no other outcome would be possible if the case went to trial, or if the facts of the case do not provide for recovery under the law. If the case survives these motions, it proceeds toward trial.
Trials are rare. Most cases settle before a trial is even on the radar, often during the discovery phase of a case. In fact, it is possible for a case to settle before a formal complaint is filed, particularly if insurance companies are involved. Parties are inclined to settle because if a wrongful death case goes to trial, one can expect an enormous outlay of time and money. Add to that the fact that at trial families are forced to relive emotionally devastating events in a very public forum, and you create an environment ripe for alternative dispute resolution. Trials can be prohibitively expensive and consist of several days—if not weeks—of testimony from witnesses and experts seeking to sway a jury to their way of thinking. Trials are won and lost based largely on expert testimony, and experts that are both competent in their field and seasoned witnesses able to make a good impression are as rare as they are expensive. Even if a Plaintiff receives a favorable verdict, any payout could be years away pending various appeals or other post-trial litigation.
Wrongful death cases, even simple ones, require the stewardship of a competent and professional attorney. The right attorney for your particular case largely depends on the underlying facts. There are medical malpractice experts, auto negligence experts, and so on. Ask friends and family for referrals and interview several different attorneys. It is important to find an attorney that you are comfortable with, and that has the appropriate degree of expertise and professionalism to handle your case. A good wrongful death attorney will be able to offer compassion and empathy while looking at the merits of your case without emotion. And most importantly, an attorney will know the ins and outs of your jurisdiction’s laws and will be able to present you with the greatest chance of success. Wrongful death cases are born of tragedy, but can provide both monetary relief and emotional closure. Consult with an attorney as soon as you begin contemplating a lawsuit to ensure your rights and the rights of your deceased loved one are protected.