A “wrongful death” is a legal term describing the death of a victim after the intentional action or negligence of another person or company. These deaths are very common after car accidents.
When this happens, family members are able to file a claim against the insurance company for thousands of dollars…or more.
Unfortunately, insurance companies are not required to tell family members that they are eligible for a wrongful death claim.
Insurance companies hope that grieving families don’t file these claims because they cost big insurance thousands, if not millions, of dollars per claim.
Wrongful Death Awareness Day on February 17th exists to raise awareness of your right to file a wrongful death claim after the loss of a family member. Unfortunately, insurers won’t make it easy for families to secure the support they need to rebuild their lives. It’s why families need to be aware of how wrongful death cases work and about every benefit available.
A wrongful death claim is a civil lawsuit filed by the victim’s close relatives and dependents. It targets anyone whose careless acts or intentional attacks contributed to someone’s death.
A wrongful death claim allows family members to seek financial assistance. This support allows families to take the time they need to grieve rather than deal with economic concerns.
The defendant in a wrongful death claim may be a reckless driver who crossed a yellow line to strike another motorist.
An entire corporation may have failed to keep customers or clients safe from deadly harm.
A landlord or property owner may have failed to provide a safe living environment that caused a fatal accident.
The closest relatives would generally have the first opportunity to file a wrongful death claim against those at fault. This would include:
One of these parties would usually file a wrongful death claim on behalf of the rest of the family. If the deceased had no spouse or children, the parents or siblings could file the claim. Anyone who could show they were financially dependent on the victim could participate.
A California wrongful death lawyer could file this claim on behalf of the entire family or represent one member of the family in the claim.
A wrongful death claim seeks financial help for the family to pay for the bills that arise and provide for non-economic damages.
Those non-economic damages involve the emotional toll a tragic loss of life causes and continues to cause in the future. Victims lose the love and care of a loved one. The absence will be especially painful during major life events like birthdays, a child’s graduation or wedding day, or the birth of a grandchild.
These are the types of devastating hardships that insurance companies must be forced to consider.
A wrongful death claim would seek these and other benefits for the family:
Family members should also be able to get counseling in order to better cope with their grief without worrying about how much therapy will cost.
The economic burden on families will be enormous, especially if a victim spends extended time in a hospital before passing away.
Funeral expenses also come due in just a few days after a tragic accident. Families should also be able to memorialize their loved one in a proper funeral service for family and friends and a burial ceremony without having to worry about the cost.
These costs may arise almost immediately and that’s why a skilled lawyer will focus on demanding assistance for the family as soon as possible.
A wrongful death claim seeks financial help for the family to pay for the bills that arise and provide for non-economic damages.
Those non-economic damages involve the emotional toll a tragic loss of life causes and continues to cause in the future. Victims lose the love and care of a loved one. The absence will be especially painful during major life events like birthdays, a child’s graduation or wedding day, or the birth of a grandchild.
Your wrongful death lawyer is your family’s spokesperson and representative. Your lawyer expresses your family’s outrage and desire for justice. Your lawyer represents your family’s best interests at such a difficult time.
These are just a few of the actions a lawyer takes to improve the outcome of a wrongful death case:
Wrongful death cases are often complex. A lawyer handles the difficult aspects of these claims, allowing families the most time possible to focus on rebuilding their lives.
Some families are so financially devastated by the loss of a loved one, they turn to a web platform like GoFundMe to ask for donations. The donations largely come from strangers who read about the tragedy online.
The source is part of the potential problem with GoFundMe support. Friends and strangers may provide the funds to help, but that might let the careless person or company that caused a deadly accident off the hook.
A wrongful death claim is the only way to seek justice for the victim and the victim’s family. It holds those responsible for a tragic death fully accountable. It’s critical to build the strongest wrongful death case possible when seeking justice, and in some instances, a GoFundMe campaign can hurt a claim.
These are just a few of the downsides of starting a GoFundMe page after losing a family member:
GoFundMe can provide quick support for families in need, but it’s important for families to consult with a lawyer before starting a donation drive. A lawyer assists families in deciding if a donation drive is a safe option. A lawyer will help families stay afloat financially without hurting their chances of winning a wrongful death case.
On a positive note, California follows the “collateral source rule” which protects personal injury victims and families experiencing a wrongful death. In a trial, the rule prevents the at-fault party and their lawyers from bringing up any money the family has secured through donations. In other words, the insurance company involved couldn’t use GoFundMe money as an excuse to pay a family less in a wrongful death settlement.
At such a difficult time, families will face many challenges. The emotional toll a tragedy takes might leave those left behind in need of guidance and mental health care. Family members in mourning may simply need someone to talk to.
Adults and children could need very different and specialized support to cope and live with a loss. There are national and statewide support groups ready to help.
Many cities in California all offer several avenues for family members to find support and encouragement.
Many local hospitals will offer grief counseling and access to support groups. Family members may discover that resources are available through their employer and their healthcare plans.
Two years. Most wrongful death claims in California must be filed within two years of the death. Waiting longer will probably result in the case being rejected.
No. You can file a wrongful death claim on behalf of your family on your own. It’s a good idea to have legal representation if your case is complex or if the at-fault party is trying to deny responsibility. Your lawyer also relies on experience and skill to negotiate for a much bigger settlement for your family than you might have been able to secure yourself.
If your wrongful death claim must go to trial, a judge would try to combine every family member’s claim into one case. But these claims can be settled separately. A lawyer could represent the entire family in these matters or just work for one family member on an individual basis.
Not in most cases. Insurance companies try harder to settle claims if they think a family may file a lawsuit and take them to court. They will do everything possible to avoid a costly trial and the bad publicity it might bring. If a lawsuit is necessary to hold an at-fault party accountable, your lawyer is ready with a strong case already prepared.
Your family can always afford excellent legal representation. Maison Law works on a contingency basis. It means we don’t get paid unless we win your case for your family. There are no upfront charges your family must cover. Then our fee is paid out of the wrongful death settlement check an insurance company is forced to write for your family.
Wrongful Death Awareness Day came about after Maison Law noticed how many families had to resort to GoFundMe and other donation sites to pay for funeral costs. It was apparent that some families weren’t made aware of the support that a wrongful death claim is meant to provide.
It became clear that at-fault parties and insurance companies shouldn’t be trusted to inform grieving families of this powerful option. Too many individuals and corporations were getting away with careless mistakes that cost people their lives. Too many families were left without justice and facing financial distress.
February 17th was circled on the calendar to become a day that these unfair outcomes shifted in favor of victimized families. Through memorial events, informational campaigns, and work with medical professionals and support groups, Maison Laws hopes to get the word out each February, and year-round, about the many different types of support available to grieving families.
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