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Everyone hopes to lead long, happy, healthy lives, but many lives are cut short due to accidents, negligence, and other factors, leading to cases of wrongful death. Wrongful death is a legal term, applying whenever a person is killed because of the negligence or wrongdoing of someone else.
The surviving relatives and dependents of the deceased can work with a lawyer to seek justice for their lost relative, as well as compensation for their own pain and financial hardships associated with the wrongful death. This guide will provide answers to some commonly asked questions regarding wrongful death cases.
What Are Wrongful Death Actions?
A wrongful death action is a type of legal action taken on behalf of the surviving heirs or relatives of someone who has died. The purpose of the action is usually for the relatives/heirs to receive compensation for the hardships they have endured because of the loss of their loved ones.
What Are Some Common Causes of Wrongful Deaths?
There are many possible causes of a wrongful death. Here are just some of the most common examples:
- Medical malpractice – Medical errors and malpractice are one of the leading causes of death in the United States. Doctors and nurses can make mistakes when treating patients due to negligence, leading to the death of those patients.
- Auto accidents – Millions of auto accidents occur on the roads every single year. Safe, sensible drivers can be killed in these accidents due to the reckless behavior or negligent actions of others. For example, if a driver crashes into another car while speeding or while distracted by their phone.
- Work – Workplace accidents and injuries can be fatal, especially in certain industries like construction that involve the use of heavy equipment and machinery. If a worker is killed due to lax safety standards or negligence from their employer, a wrongful death case may ensue.
- Nursing Home – Residents of nursing homes may also be victims of wrongful death if their death was caused by neglect or medical error on the part of the home’s staff.
- Defective Products – Products that are produced with defects can also cause wrongful deaths. This might include a car with a faulty brake system, for example, or a defective medical device that fails to perform as expected, leading to a fatal injury.
How Much Is the Average Wrongful Death Settlement?
The average compensation amount paid out as a settlement for wrongful death cases ranges from half a million dollars to more than $1,000,000. The total value of the settlement will depend on many factors, such as the financial status of the deceased and the level of support they provided to surviving dependents, the age and health of the deceased, the needs of the surviving relatives, the damages suffered by surviving relatives and loved ones, burial costs, and more.
Do All States Have the Same Laws for Wrongful Deaths?
No, as with many aspects of the law in the United States, the laws regarding wrongful death can vary from state to state. There may, in fact, be numerous differences on the matter from one state to the next, so it’s important for those who wish to pursue a wrongful death action to contact a local lawyer and find out more about the laws in their state.
How Do Wrongful Death Actions Work for Decedents Who Were Unemployed?
Even if someone was unemployed and had no salary, they may still have provided valuable services to the family, such as childcare and support. These kinds of contributions are regarded as “pecuniary losses” and will be quantified and taken into account during the process of a wrongful death action.
Are Damages from Wrongful Death Cases Taxable?
Not usually. Wrongful death damages are usually classified as compensation for physical injuries by the IRs, making them not subject to any kind of tax. However, there are certain cases in which income tax may apply, and estate tax may apply if the value of damages exceeds statutory exemptions. You can speak with your lawyer to find out more.
How Long Do Wrongful Death Cases Take?
It depends. Some can be resolved in a matter of months, while others may continue for several years. Several factors have to be considered, such as the details of any insurance policies in play, the nature of the incident leading to the death, and questions of liability if the accused party refuses responsibility for the death.
Final Word
Wrongful deaths can be very tragic and difficult for surviving relatives to deal with, but with the help of a lawyer, you can get some level of compensation and justice for the hurt you have endured.
