ABOUT WRONGFUL DEATH CASES
What Is A Wrongful Death Claim?
When a family member succumbs to someone else’s negligence, recklessness, intentional actions, or misconduct, the surviving family members have grounds for various claims. These include mental anguish, loss of financial support, loss of household services, loss of support and advice, as well as the loss of maintenance provided by the deceased family member before their untimely demise.
Regardless of whether the deceased had a will, an estate can be established. Legal damages for the deceased are pursued through a survival action case, and we’ll outline the distinctions between these two types of claims below.
How Long Do You Have To File A Wrongful Death Claim?
Time is of the essence, and swift action is crucial. The law is governed by two statutes of limitations:
- The period during which the deceased could have filed a claim: 5 years.
- The period during which you may claim on behalf of your loved one: 5 years.
- Waiting beyond 5 years and 1 day after the incident will bar you from seeking financial compensation.
Decisions made now will significantly impact your case’s outcome. You have only one opportunity to convey your loved one’s story accurately.
- Immediate strategic decisions must be made.
- Evidence must be promptly gathered.
- Experts may be required without delay.
What Is The Difference Between Wrongful Death And A Survival Action?
A Wrongful Death claim is initiated by specific family members who directly suffer financial and/or emotional harm due to the untimely and unjust loss of a relative caused by someone else’s negligence or gross negligence.
A Survival Action is initiated by the deceased’s estate, suing for the deceased’s own harm and damages caused directly by someone else’s negligence or gross negligence that led to their demise.
The nature of the harm determines the course of action. For instance, if a father dies instantly, leaving children without support, they may sue for mental anguish and loss of advice and financial support. In a case of a prolonged and painful death of a single individual, the estate may sue for pain, suffering, physical impairment, mental anguish, and medical bills incurred leading up to the death.
In most cases, it’s prudent to pursue both causes of action. However, when dealing with limited funds and substantial medical bills owed by the estate, focusing on wrongful death claims may prevent lien holders from intervening, safeguarding your family’s compensation.
Who Is Eligible To File A Wrongful Death Claim?
The eligibility to file a wrongful death claim is defined by legal statutes, making a distinction between those who can file a lawsuit and those who are considered beneficiaries. Those with the right to file a claim are specifically enumerated:
- Surviving spouse
- Child or multiple children (including adult children)
- Parent or legal guardian
Are Siblings Permitted To File A Wrongful Death Claim?
No, siblings do not have the right to file a wrongful death claim. However, any money recovered from a survival action is directed to the estate. If the deceased had a will designating a sibling as a beneficiary, the sibling may indirectly benefit financially from the lawsuit.
Can The Decedent’s Estate Initiate A Wrongful Death Claim?
The general rule is that the executor and/or administrator of the decedent’s estate may file a wrongful death claim if no such claim has been filed within ninety (90) days of the decedent’s demise by the surviving spouse, children, parent, and/or guardian. An exception to this rule exists if the estate has been prohibited from filing a lawsuit by one of the parties mentioned above.
What Elements Must Be Established To File A Wrongful Death Claim?
A wrongful death claim must be filed by the decedent’s surviving spouse, parent, or child, as discussed earlier. Additionally, it must be proven that a person or corporation committed a wrongful act resulting in the decedent’s injuries and subsequent demise. It must also be established that the decedent would have had grounds to bring an action if they had survived. Furthermore, the surviving spouse, parent, or child must have suffered actual damages, as outlined previously.
What Damages Can Be Recovered In Wrongful Death Claims Filed By Surviving Spouse, Parent, Or Child?
Those filing on behalf of the deceased can recover “actual damages.” While surviving spouses or children may potentially recover punitive damages, this is not applicable to parents of a deceased child.
What “Actual Damages” Can Be Recovered By Parents Of A Deceased Child In A Wrongful Death Claim?
Recoverable damages include monetary compensation resulting from the child’s demise (both before and after the age of 18), damages for the termination of the parent-child relationship, often termed as “companionship and society,” and mental anguish encompassing emotional pain, torment, and suffering—sometimes presented as grief and bereavement—resulting from the demise.
What “Actual Damages” Can Parents Recover If The Deceased Child Was An Adult At The Time Of Their Wrongful Death?
The same damages as if the child were a minor (refer to the details above).
What “Actual Damages” Can A Spouse Recover Upon The Death Of Their Partner?
Recoverable damages encompass monetary loss resulting from the spouse’s demise, damages for the termination of the spousal relationship (including love, affection, comfort, and the sexual relationship), mental anguish arising from the demise, and the loss of inheritance, which includes the loss of future earning capacity and money that would have augmented the estate.
What “Actual Damages” Can A Surviving Child Recover If Their Parent Was The Victim Of Wrongful Death?
Recoverable damages include future monetary loss resulting from the parent’s passing, damages for the cessation of the parent-child relationship (including love and compassion), mental anguish, and potential loss of inheritance.
What Factors Will A Jury Consider In Determining Damages For Mental Anguish And Loss Of Companionship?
Jurors are typically instructed to consider various factors, including the relationship between the deceased and the party filing the claim, living arrangements, any periods of extended absence, family harmony, and shared interests or activities.
Is It Possible To Recover Punitive Damages If A Child, Spouse, Or Parent Dies?
Yes, punitive damages may be recoverable if the loved one’s demise resulted from willful or grossly negligent conduct. However, the Tort Reform Act of 1995 imposes caps on punitive damages, and the law limits the recovery of punitive damages to the surviving spouse and children. Strangely, parents are not eligible to recover punitive damages for the loss of a child.
Can Damages Be Recovered For The Wrongful Death Of A Separated Spouse?
Possibly. The eligibility for recovery is case-specific and depends on the support, if any, received from the decedent during the separation period leading up to their demise.
Can Damages Be Recovered For The Wrongful Death Of A Fetus If The Mother Is Pregnant?
Yes, but peculiarly, generally only if the fetus would have been capable of taking at least one breath if removed from the womb just before the tragic event or if the fetus is born alive and subsequently passes away.
What Constitutes A “Survival Action”?
A survival action is initiated by or on behalf of an estate to seek damages for injuries sustained by the decedent who fell victim to wrongful death prior to their passing.
What Damages Can Be Recovered In A “Survival Action”?
Recoverable damages encompass the physical pain and mental anguish endured by the victim before their death, as well as medical expenses incurred, funeral and burial costs, property damages, and punitive damages.
Does The Type Of Claim Or Action Affect Hospital Liens?
Yes, amounts recovered in a survival action are subject to a hospital lien, whereas wrongful death damages typically are not.
In A Survival Action, Can The Estate Recover Damages For Physical Pain And Mental Anguish If The Victim Perished Quickly Or Lost Consciousness?
It is unlikely. Recovery of such damages is generally restricted to situations where conscious pain and suffering can be demonstrated, even if only for a brief period.
How To Establish A Wrongful Death Claim
To establish a wrongful death claim, four distinct elements must be proven:
- The defendant’s actions must have directly or partially caused the loved one’s demise.
- The defendant must have acted with negligence or specific intent to cause harm.
- The death must have adversely affected the surviving family members eligible to bring a wrongful death action.
- Surviving family members must be present and endure monetary and/or emotional suffering due to the wrongful death.
Was The Defendant Negligent?
Proving negligence is often the most challenging aspect of any wrongful death claim. While cases involving clear negligence, such as drunk driving well above the legal limit, are straightforward, instances like medical malpractice can be less clear-cut, requiring substantial time and resources to determine. The term “breach of duty” may also be used, indicating the defendant’s liability for a duty of “due care,” emphasizing the responsibility to keep others safe or refrain from actions that could cause harm.
Did The Defendant’s Actions Lead To Your Loved One’s Death?
Establishing causation can range from straightforward to exceptionally challenging. In cases involving a car crash, proving whether the defendant’s car caused the accident is relatively straightforward. However, in situations like medical malpractice, demonstrating negligence becomes intricate. For instance, a loved one could succumb to the effects of a negligent act or omission months or even years after it occurred, such as the improper prescription of medication.
Demonstrating Damages In Wrongful Death Cases
Once you have demonstrated intent, breach of duty, and causation, damages are presumed since you’ve shown that the injured person was killed. However, in cases where harm occurs but does not result in death, proving intent and causation may not be sufficient, as you must also establish the nature and extent of the harm (damages).
Facing The Reality Of Decisions Leading To The Passing Of A Loved One
It’s a harsh reality that decisions made by others can lead to the loss of a loved one. If you find yourself in this heart-wrenching situation, reach out to our St. Louis lawyers for a free consultation and guidance.
Is Wrongful Death Considered Murder?
No, it differs. The term “murder” is reserved for criminal court convictions. Wrongful death is a civil action seeking financial damages, not imprisonment or execution. While a murder case involves criminal charges, a wrongful death lawsuit can be filed separately. O.J. Simpson, for example, was acquitted in his criminal trial but lost a subsequent wrongful death lawsuit filed by the surviving family members.
Compensation In Wrongful Death Claims
Various avenues exist for recovering financial compensation, including several types of “actual damages” for losses that have occurred or will occur:
- Financial losses, such as the loved one’s lost earning capacity.
- The value of care, maintenance, counsel, advice, and support they would have provided to you and your family members.
- Mental anguish, representing the emotional pain you endure.
- Loss of positive benefits like love and companionship from the deceased.
- Inheritance lost from what the loved one would have accumulated and left behind had they lived their entire life.
Additionally, “exemplary” damages can be awarded, intended to penalize or punish the defendant for gross negligence rather than compensating for actual losses.