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Losing a loved one is undoubtedly one of the most painful experiences in life. When a person’s death is caused by the negligence or wrongful act of another party, the emotional toll is compounded by the need to seek justice. Wrongful death cases are complex legal matters that require careful navigation to ensure that the affected families receive the compensation they deserve. Robins Kaplan trial lawyer, Philip Sieff, provides his unique insights based on extensive trial experience to discuss the legal challenges in wrongful death cases.
Understanding Wrongful Death Cases
Wrongful death cases arise when a person dies due to the negligence, recklessness, or intentional actions of another individual, company, or entity. These cases often involve accidents, medical malpractice, defective products, or even criminal activities. The goal of a wrongful death lawsuit is to hold the responsible party accountable for their actions and provide financial compensation to the surviving family members for their loss.
Navigating a wrongful death case requires an understanding of the burden of proof. In most jurisdictions, the plaintiff must establish four key elements to prove wrongful death:
Duty of Care
The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. For example, in a car accident case, all drivers have to operate their vehicles responsibly.
Breach of Duty
It must be shown that the defendant breached their duty of care. In the car accident example, this could mean proving that the defendant was speeding or driving under the influence.
Causation
The plaintiff needs to establish a direct link between the defendant’s actions (breach of duty) and the death of the victim. It must be demonstrated that the death would not have occurred if not for the defendant’s actions.
Damages
Finally, the plaintiff must show that they have suffered quantifiable damages as a result of the wrongful death. These damages may include financial losses, loss of companionship, emotional distress, and more.
“Proving wrongful death cases can be emotionally and legally challenging,” says Philip Sieff. “A plaintiff’s attorney works closely with the surviving family members to gather evidence and construct a compelling case that meets the burden of proof.”
Statute of Limitations
A significant challenge in wrongful death cases is the statute of limitations, which sets a time limit for filing a lawsuit. The statute of limitations varies from state to state and typically begins from the date of the victim’s death. If the lawsuit is not filed within this time frame, the court may bar the case, and the surviving family members lose their right to seek compensation.
Notes Sieff, “Time is of the essence in wrongful death cases. Families must seek legal counsel promptly after the loss of their loved one to ensure their rights are protected within the statute of limitations.”
Multiple Defendants and Comparative Negligence
In some wrongful death cases, there may be multiple defendants who share responsibility for the victim’s death. Additionally, some states apply the principle of comparative negligence, which means that the amount of compensation the plaintiff receives can be reduced based on their level of fault in the incident.
For instance, if the victim was involved in a car accident but was not wearing a seatbelt, the court might find them partially responsible for their injuries. In such cases, the compensation awarded to the surviving family members would be reduced to reflect the victim’s comparative negligence.
“Addressing multiple defendants and navigating comparative negligence can add layers of complexity to wrongful death cases. Thorough investigation and building a strong argument are vital to ensure that the true responsibilities are assigned correctly,” says Sieff.
Settlement vs. Trial
Many wrongful death cases are resolved through settlements outside of court. A settlement involves the responsible party agreeing to pay a certain amount of compensation to the surviving family members, and in return, the lawsuit is dropped, and there is no trial. This approach can be attractive to both parties as it saves time, money, and emotional distress. However, reaching a fair settlement is not always straightforward, and insurance companies or defendants may try to offer a low amount. In such situations, going to trial may be the best option to pursue full and just compensation.
“Settling a wrongful death case can bring closure and financial relief to the family. Yet, they must have an experienced attorney who can evaluate the true value of their claim and negotiate effectively on their behalf,” says Sieff.
Facing a wrongful death case without proper legal representation can be overwhelming and significantly reduce the chances of a successful outcome. An experienced attorney can offer essential support, handle the legal complexities, and advocate fiercely for the rights of the affected family members.
About Philip Sieff
Wrongful death cases are emotionally draining and legally complex matters that require skilled navigation to achieve justice. Families dealing with such losses need compassionate and dedicated legal counsel to represent their interests effectively. Philip Sieff has extensive experience as a trial lawyer and his commitment to advocating for justice makes him a formidable ally for those facing wrongful death cases. He is a voracious attorney who helps clients confront those who have injured them. Mr. Sieff’s experience representing families in wrongful death suits is extensive, and he is known for trying complex and high-profile cases such as the I-35W Bridge Collapse, for which he was lead co-counsel.
