Wrongful death lawsuits often capture the attention of the entire nation, focusing on tragic incidents that probably never should have happened. Whether it’s a reckless driver or a negligent property owner, inexcusable mistakes can lead to fatal accidents in Maryland and Virginia. Even though these mistakes might not qualify as criminal acts, grieving families still have the right to hold people responsible for causing the deaths of their loved ones. Millions of dollars are at stake during these lawsuits as families strive to cover funeral costs, unpaid medical bills, and decades of lost income. How should you approach a wrongful death lawsuit in Virginia?
Can Wrongful Death Lawsuits Provide Closure?
Although wrongful death lawsuits often lead to multi-million-dollar verdicts and settlements, these cases are about more than just money. Many families simply want to “have their day in court,” and the process of holding negligent parties accountable can lead to a sense of justice, accountability, and closure. A civil wrongful death lawsuit might be particularly vindicating if criminal charges are not possible.
For example, your loved one might have been struck and killed by a drunk driver. If there is insufficient evidence to prove intoxication, the drunk driver might walk free. Perhaps the arresting officer failed to properly calibrate the Breathalyzer device. Maybe the defendant escaped charges due to a constitutional violation. In all criminal cases, prosecutors must prove guilt “beyond a reasonable doubt.” This is a higher burden of proof compared to a civil wrongful death case.
If criminal charges were never filed or the defendant walked free, a civil wrongful death lawsuit might be the only remaining option to ensure accountability. Although a civil lawsuit cannot send someone to jail or prison, it can ensure financial penalties for negligent individuals. Civil lawsuits can also cause reputational damage, ensuring the entire community knows that they caused the death of another human being.
During a wrongful death lawsuit, you only need to show a “preponderance of evidence” to establish liability. In other words, you can win your case by showing the defendant “more likely than not” caused the death of your loved one through negligence. You can establish a preponderance of evidence even if the defendant was acquitted in a previous criminal case.
Why Do Wrongful Death Lawsuits Lead to Multi-Million-Dollar Settlements?
Wrongful death lawsuits can lead to multi-million-dollar settlements or verdicts because of their life-altering consequences for families. In many cases, the deceased victim is the primary breadwinner of their family. They may leave behind numerous dependents who no longer have a reliable source of income. These individuals might include retired seniors, homemakers, stay-at-home parents, and children.
Fortunately, a wrongful death lawsuit can provide families with compensation for what their loved one would have earned if they had survived the accident. For example, the victim might have earned $100,000 per year. If this individual were in his early 30s when he passed away, he could have earned millions of dollars throughout the rest of his career. As a result, his family could argue that they should receive compensation for this lost income.
Compensation for lost income is often the most important damage pursued by surviving family members. However, it is not the only economic damage to consider. Sometimes, victims receive life-saving treatment before they pass away. They may have survived for weeks at a hospital before succumbing to their wounds. Perhaps first responders rushed them to the nearest hospital with an air ambulance. Whatever the case may be, the family may “inherit” these unpaid medical bills. A wrongful death claim can provide compensation for the hospital expenses, ensuring that the family does not face unnecessary medical debt.
A wrongful death claim can also cover funeral expenses. The cost of an average funeral in the United States now verges on $10,000. If someone else caused the death of your loved one, they should bear the responsibility of paying these costs.
Finally, a wrongful death claim can cover non-economic damages. A family may face considerable grief and emotional distress after a fatal accident. Although these mental health challenges may not translate directly to financial losses, they can certainly take their toll on families. While some jurisdictions prevent plaintiffs from pursuing non-economic damages in wrongful death cases, Maryland and Virginia do not.
What Do I Need to Prove in a Wrongful Death Case?
If you want to hold someone else accountable for your loved one’s death, you must prove that they were negligent. Negligence generally involves four elements: duty of care, breach of duty, causation, and injury. You must establish that the defendant should have acted in a more responsible manner and that their failure to do so led directly to your loved one’s death.
In some cases, it is relatively easy to establish negligence. It is so easy, in fact, that the defendant and their legal team may offer you a financial settlement in order to avoid a trial. You can negotiate your settlement without going to court, and this is how most civil cases are resolved. However, wrongful death cases sometimes lead to trials, especially because of their high-stakes nature. Whether you are navigating settlement negotiations or a wrongful death trial, an experienced lawyer can represent you as you pursue fair compensation.
Get Help From The Law Offices of Paul A. Samakow, P.C.
A wrongful death lawsuit in Maryland may feel like a daunting task for grieving families. Some may feel paralyzed after losing a loved one, facing grief for the foreseeable future. Although you may never truly recover from the effects of a tragic accident, you should consider your legal options as soon as possible. The statute of limitations could prevent you from pursuing accountability if you wait too long, and it makes sense to get the ball rolling immediately after the accident. You can get started by contacting an experienced wrongful death lawyer in Maryland. Reach out to the Law Offices of Paul A. Samakow today and learn more about your legal options.
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