This Blog was posted by Regan Zambri Long – Personal Injury Law Washington DC
How to Fight a Wrongful Death Lawsuit
To fight a wrongful death lawsuit, you need an understanding of legal strategies, procedural compliance, and effective defense methods.
This guide outlines actionable steps and insights to help defendants mount a strong case.
Jump right in:
- Hire a Skilled Wrongful Death Attorney Immediately
- Review the Claim Thoroughly for Legal and Factual Accuracy
- Challenge the Appointment of the Trustee or Claimant
- Gather and Present Evidence to Refute Liability
- Leverage Alternative Dispute Resolution (ADR)
- Explore Settlement Options Strategically
- Stay Compliant with Procedural Requirements
- File Procedural Motions When Appropriate
- Dispute Damages Claimed by the Plaintiff
- What is a Wrongful Death Lawsuit?
- Who Can File a Wrongful Death Lawsuit?
- Damages Recoverable in a Wrongful Death Lawsuit
- FAQs
1. Hire a Skilled Wrongful Death Attorney Immediately
Hire an experienced attorney specializing in wrongful death defense. Defending against a wrongful death lawsuit involves navigating complex legal frameworks and evidentiary standards. The attorney will:
- Assess the claim’s merits.
- Develop a tailored defense strategy.
- Represent you effectively in pre-trial negotiations and court proceedings.
Attorneys ensure compliance with legal deadlines. For example, in Washington, wrongful death actions must be commenced within three years of the death.
In civil cases, the plaintiff must prove liability by a “preponderance of the evidence,” a lower standard than in criminal cases. A skilled attorney can challenge evidence to undermine the plaintiff’s claims.
2. Review the Claim Thoroughly for Legal and Factual Accuracy
Review the claim to understand the specifics of the lawsuit and identify weaknesses in the plaintiff’s case. This includes:
- Reviewing allegations of negligence or intent.
- Identifying discrepancies in causation claims.
Defendants can argue that the death was caused by factors outside their control. For instance, the plaintiff must establish a direct causal link between the alleged wrongful act and the death
3. Challenge the Appointment of the Trustee or Claimant
Wrongful death lawsuits are filed by a trustee or a legally designated representative. Disputing the legal standing of the claimant can halt or delay the lawsuit.
In Minnesota, for example, a trustee must be appointed by the court to file the lawsuit on behalf of beneficiaries (Minnesota Statutes §573.02, Subd. 3).
If the claimant lacks proper legal standing, the lawsuit can be dismissed.
4. Gather and Present Evidence to Refute Liability
Gather and present solid evidence to counter the plaintiff’s claims. The plaintiff must prove that the defendant’s actions directly caused the death. Disputing causation or liability weakens the plaintiff’s case. Evidence can include:
- Eyewitness testimonies.
- Expert opinions.
- Documentation like medical records and accident reports.
Defense attorneys often use medical experts to dispute claims of negligence or causation.
Some states allow defendants to argue that the deceased’s own actions contributed to their death, which may reduce or eliminate liability.
5. Leverage Alternative Dispute Resolution (ADR)
Engaging in mediation or arbitration can resolve disputes without a prolonged trial. This approach may save time and legal costs while achieving a more favorable outcome.
According to the American Bar Association, many civil cases are resolved through mediation, reducing court congestion and litigation expenses.
In addition, ADR processes are private, protecting the defendant’s reputation from public scrutiny.
6. Explore Settlement Options Strategically
Settling the case can be a pragmatic choice, especially if the evidence against the defendant is strong. However, settlements should be approached carefully to minimize financial and reputational damage.
According to the U.S. Department of Justice, approximately 95% of civil cases are settled before trial.
Early settlement negotiations can prevent the plaintiff from pursuing punitive damages, often awarded at trial for gross negligence.
7. Stay Compliant with Procedural Requirements
Failure to comply with procedural rules can result in penalties or case dismissal. Key procedural aspects include:
- Responding to the lawsuit within the stipulated timeframe.
- Filing necessary motions and disclosures.
Defendants can file motions for dismissal or summary judgment if the plaintiff’s claims lack sufficient evidence.
Compliance during discovery is essential for obtaining evidence to build a strong defense.
8. File Procedural Motions When Appropriate
Strategic use of motions can limit the lawsuit’s scope or result in dismissal.
Examples:
- Motion to dismiss for failure to state a claim.
- Motion for summary judgment if the evidence favors the defendant.
Procedural motions can reduce trial costs and expedite case resolution. Courts often dismiss cases that fail to meet procedural or evidentiary standards.
9. Dispute Damages Claimed by the Plaintiff
Plaintiffs often seek compensation for economic and non-economic losses. Challenging the validity and calculation of damages can limit financial exposure.
Strategies:
- Question the evidence supporting economic losses, such as income projections or dependency claims.
- Challenge non-economic damages, like pain and suffering, with expert testimony.
Courts assess damages based on pecuniary losses, such as lost wages, and emotional damages, such as loss of companionship.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal action filed by the surviving family members or representatives of a deceased individual against a person, business, or entity whose negligent, reckless, or intentional actions caused the individual’s death. These lawsuits aim to provide financial compensation for the losses the decedent’s family incurred and hold the responsible party accountable.
Legal Definition of Wrongful Death
Wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party. It is governed by state statutes, which outline the conditions for filing such lawsuits, the damages that can be recovered, and who is eligible to file. The laws vary by state, but the general principle is to compensate family members for the financial and emotional impact of their loved one’s death.
Common Causes of Wrongful Death
Wrongful death lawsuits can arise from various circumstances, including but not limited to:
- Medical Malpractice: Errors by healthcare providers, such as misdiagnosis, surgical mistakes, or improper treatment, leading to fatal outcomes.
- Automobile Accidents: Negligence or reckless behavior like drunk driving, speeding, or distracted driving resulting in fatal crashes.
- Workplace Accidents: Deaths caused by unsafe working conditions, lack of proper safety equipment, or employer negligence.
- Defective Products: Fatalities caused by defective consumer products, including medical devices, machinery, or pharmaceuticals.
- Criminal Acts: Deaths resulting from intentional acts like assault, homicide, or other violent crimes.
Key Elements of a Wrongful Death Lawsuit
For a wrongful death lawsuit to be successful, the plaintiff must establish the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased. For instance, a driver owes a duty of care to others on the road, or a doctor owes a duty of care to their patients.
- Breach of Duty: The defendant failed to uphold their duty of care, either through negligence, recklessness, or intentional actions.
- Causation: The defendant’s actions (or inactions) directly caused the death. This requires proving a clear connection between the breach of duty and the fatality.
- Damages: The plaintiff must demonstrate that the death resulted in financial and emotional damages, such as medical bills, funeral costs, lost income, and loss of companionship.
Who Can File a Wrongful Death Lawsuit?
State laws determine who is eligible to file a wrongful death lawsuit. Generally, the following parties can bring a claim:
- Immediate family members: Spouses, children, and parents are typically the first in line.
- Extended family members: In some states, siblings, grandparents, or other dependents may file if no immediate family exists.
- Personal representatives: A representative of the decedent’s estate may bring a claim on behalf of the beneficiaries.
Damages Recoverable in a Wrongful Death Lawsuit
The damages awarded in a wrongful death lawsuit are intended to compensate survivors for their losses. These can be divided into economic and non-economic damages:
- Economic Damages:
- Funeral and burial expenses.
- Medical bills incurred before death.
- Lost wages and benefits, including future income.
- Loss of inheritance due to premature death.
- Non-Economic Damages:
- Pain and suffering experienced by the deceased before death.
- Loss of companionship, guidance, and emotional support.
- Emotional distress suffered by surviving family members.
- Punitive Damages (in some states):
- These are awarded to punish the defendant for particularly reckless or malicious actions and to deter similar behavior in the future.
FAQs
What are the chances of winning a wrongful death lawsuit?
The chances of winning a wrongful death lawsuit depend on the strength of the evidence, legal representation, and circumstances of the case. Plaintiffs must prove negligence or intentional harm by a preponderance of the evidence, which is easier than the criminal burden of proof but still requires substantial supporting evidence.
What is the average wrongful death settlement in the US?
The average wrongful death settlement in the US varies based on factors like the decedent’s earning potential, the severity of negligence, and the survivors’ financial needs.
What are the defenses to wrongful death actions?
Defenses to wrongful death actions include arguing lack of negligence, contributory negligence by the decedent, lack of causation between the act and the death, and expiration of the statute of limitations. Defendants may also challenge the plaintiff’s standing.
What percentage of wrongful death cases go to trial?
Approximately 5% to 10% of wrongful death cases go to trial, as most cases are resolved through settlements before reaching court.
How often are wrongful death cases won?
Wrongful death cases are often won when the plaintiff presents clear evidence of negligence or intentional harm. However, success rates vary widely based on the case’s specifics and jurisdiction.
What happens if you lose a wrongful death lawsuit?
If you lose a wrongful death lawsuit, the plaintiff receives no damages, but you may still be responsible for your legal fees. In some cases, defendants may also need to cover court costs.
What evidence is crucial in fighting a wrongful death lawsuit?
Crucial evidence in fighting a wrongful death lawsuit includes medical records, witness statements, expert testimony, accident reports, and any documentation that disputes negligence or causation.
What role does expert testimony play in fighting a wrongful death lawsuit?
Expert testimony significantly fights wrongful death lawsuits by providing professional opinions on medical, forensic, or technical matters. Experts can dispute claims of negligence or clarify causation issues.
Can emotional distress be compensated in a wrongful death lawsuit?
Yes, emotional distress can be compensated in a wrongful death lawsuit. Family members may receive damages for loss of companionship, emotional pain, and mental anguish, depending on state laws.
How long does it take to resolve a wrongful death lawsuit?
Resolving a wrongful death lawsuit takes about a few months to several years, depending on the complexity of the case, the court’s schedule, and whether the case is settled or goes to trial.
What is the difference between wrongful death and survival action?
The difference between wrongful death and survival action is that wrongful death focuses on compensating the family for their losses. In contrast, survival action seeks damages for the pain, suffering, and financial losses the deceased incurred before death.
Are doctors liable for misdiagnosis in wrongful death lawsuits?
Doctors can be liable for misdiagnosis in wrongful death lawsuits if the misdiagnosis directly caused the death. The plaintiff must prove that the doctor’s actions fell below the accepted standard of care and resulted in harm.
Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
