Who Pays for a Wrongful Death Lawsuit?

On average, there are over 100 fatal car accidents and over 600 fatal medical errors every day. These are only two examples of wrongful death situations that could leave your family in distress after the loss of a loved one.

Depending on what happened, you could have legal recourse after your loved one’s passing. However, determining who pays in a wrongful death suit can be a complicated process. 

In general, the other party will have to pay for your losses when they had a legal duty to provide for your loved one’s care and they didn’t do so. It will be up to you to prove all the necessary elements of a potential claim, though, so it’s usually best to consider hiring an attorney.

While the other party won’t pay your legal costs, you typically won’t have to pay for your representation until after your case is resolved. Learn everything you need to know about the costs of a wrongful death claim and who pays for it below.

What Constitutes a Wrongful Death?

Anytime a loved one passes away unexpectedly as a result of someone else’s actions, it feels wrongful. That said, there are specific factors that need to be met in order for the tragedy to be legally considered a wrongful death.

To pursue a wrongful death lawsuit, you’ll need to prove:

• The responsible party had a legal duty to provide for your loved one’s care.
• The responsible party failed to uphold their duty of care.
• This breach of duty directly led to your loved one’s fatal accident.
• Your loved one’s fatal accident resulted in damages.

Many parties have a legal duty of care towards others under the law. Drivers, for instance, always have a duty to provide for the care of other motorists. Doctors must provide for the care of their patients, and business owners must provide for the care of their clients.

Some of the most common situations that could lead to a wrongful death include medical malpractice, car accidents, product liability cases, and work-related accidents. Even when non-intentional injuries caused your loved one’s fatality, you should still be able to seek compensation if another party had a legal responsibility to provide for your loved one’s care.

Who is Liable to Pay in a Wrongful Death Lawsuit?

A wrongful death lawsuit might be necessary to pursue due to the damages and losses associated with the fatality. So, it’s a complex issue to find out who is responsible for a wrongful death insurance payout. But a wrongful death attorney can help walk you through the process.

In general, a claim doesn’t begin until the loved one of the deceased takes the first steps. You’ll want to determine what caused the accident and whether a legal duty of care existed. If you do have the basis to file a lawsuit, then your next steps will involve collecting evidence, documenting your losses, and officially filing the claim.

If the other party had liability insurance, then you might only deal with the insurance company to pay for your loved one’s medical bills prior to their death and any other expenses covered by the policy. If no insurance is available, then you’ll file a claim against the individual or entity responsible for the accident.

The costs of pursuing the claim itself will ultimately be taken care of when you receive your settlement. Most attorneys will work with you on a contingency fee basis so that you don’t have to pay for the lawsuit until you get your check. At that point, an agreed upon percentage will be given to your lawyer.

Costs Involved in a Wrongful Death Lawsuit

A wrongful death lawsuit helps you recover from the costs associated with your loss. Financial compensation will cover your economic and non-economic losses, but they generally won't cover the legal fees associated with your lawyer's representation.

Economic Damages

Economic damages are any actual financial damages you incur due to your loved one’s passing. This includes things like funeral costs, burial expenses, a loss of financial support, and any medical expenses prior to the passing.

Most insurance policy coverage should include the extent of any economic damages associated with the crash.

Non-Economic Damages

Non-economic damages describe any losses you experience that aren’t strictly economic. For instance, the unexpected death of your loved one likely caused emotional distress. This type of loss would be considered non-economic damage that you could seek compensation for during a wrongful death lawsuit.

Who Covers the Legal Costs?

In general, the party with the legal duty of care who failed to uphold that duty will cover the damages associated with the crash, and you’ll cover the legal costs once your settlement check arrives.

Statute of limitations laws do limit the amount of time you have to file a wrongful death claim. Most states give you two years to file a lawsuit.

Options for Financial Assistance

Now that you know more about who pays in a wrongful death suit and how to pursue one, you might wonder if you need financial help to get the legal representation you deserve. The good news is that most wrongful death attorneys will create a payment arrangement where you won’t have to pay anything until you win your case. While you wait for your settlement, your attorney can help connect you with any local resources that can provide temporary economic help.

Only an experienced wrongful death lawyer can accurately determine who pays for a wrongful death lawsuit. The party who is responsible for your loved one’s death will be liable to pay damages in the form of medical costs prior to your loved one’s passing, burial and funeral expenses, a loss of financial support, and possibly more depending on the circumstances. 

To find out more about what you might be eligible to file a claim for, schedule a case review with our team here at Kermani LLP.