Best Wrongful Death Lawyers in Arlesheim

About Wrongful Death Law in Arlesheim, Switzerland

Wrongful death in Arlesheim refers to a civil claim that arises when a person dies because another person, company, or public body acted wrongfully or negligently. In Switzerland, these claims are rooted mainly in the Swiss Code of Obligations and allow surviving relatives to seek compensation for financial losses and emotional harm caused by the death. Arlesheim is within the Canton of Basel-Landschaft, so local procedures follow Swiss federal law together with cantonal rules on courts, conciliation, and government liability.

Typical examples include fatal road traffic collisions, workplace accidents, defective products, medical treatment errors, or unsafe public infrastructure. A civil wrongful death claim can proceed alongside a criminal investigation, for example for negligent homicide, and close relatives may assert civil compensation within the criminal case or in separate civil proceedings.

Why You May Need a Lawyer

Wrongful death cases are complex. A lawyer can help you by:

- Investigating what happened, preserving evidence, and working with experts in accident reconstruction, medical causation, or financial loss valuation.

- Identifying all responsible parties and insurance policies, such as drivers, employers, manufacturers, contractors, or public bodies.

- Quantifying damages, including funeral and medical costs, loss of financial support, and moral damages for emotional distress.

- Navigating parallel criminal and civil processes, including joining the criminal case as a private claimant to seek compensation.

- Managing deadlines, filings, and negotiations with insurers who will often try to settle quickly for less than full value.

- Coordinating social insurance and employer benefits so that civil compensation accounts correctly for AHV survivors benefits, mandatory accident insurance, occupational pension benefits, and private life insurance.

- Representing you in Basel-Landschaft conciliation proceedings and, if needed, in court in Arlesheim or elsewhere in the canton.

Local Laws Overview

- Swiss Code of Obligations - general liability: A person who unlawfully causes damage to another is liable in damages. For death, the law specifically allows reimbursement of funeral expenses and other costs, compensation for loss of financial support to dependents, and moral damages for close relatives where appropriate.

- Moral damages: Close family members may claim an appropriate sum for emotional suffering. The amount depends on the circumstances, closeness of the relationship, and case law.

- Contributory fault and risk: Damages can be reduced if the deceased contributed to the accident, or if special risks were voluntarily accepted. Courts assess this proportionally.

- Special liability regimes: Depending on the facts, there may be strict or enhanced liability, for example owner liability in road traffic cases, employer liability for employees on the job, or product liability for defective products. Public authorities may be liable under cantonal government liability law.

- Criminal law interface: A death caused by negligence can lead to a criminal investigation. Relatives can participate as private claimants and seek damages in the same proceeding or file a separate civil claim.

- Limitation periods: As a general rule for tort claims, there is a relative limitation period of 3 years from the date you knew of the damage and the liable person, and an absolute limitation period that is typically 10 years from the harmful act. For personal injury and death, the absolute period is extended to 20 years. Product liability has its own time limits, often 3 years from knowledge and 10 years from when the product was put on the market. Criminal proceedings can affect limitation in related civil claims. Because deadlines are fact specific, get legal advice as early as possible.

- Procedure in Basel-Landschaft: Most civil claims start with a mandatory conciliation hearing before the local conciliation authority. If no settlement is reached, you can file a lawsuit with the competent civil court. Significant claims may allow certain procedural options, but do not rely on exceptions without legal advice. Evidence is key, and early collection of documents and witness details is crucial.

- Courts near Arlesheim: Civil claims are handled by the competent Basel-Landschaft civil court for the region, and appeals go to the cantonal court. Criminal matters are handled by the cantonal prosecutor and criminal courts. Arlesheim is within the jurisdiction of these cantonal institutions.

- Language and costs: Proceedings are typically in German. Court fees and the losing party cost rule can apply. Legal aid is available for those with limited means if the case has sufficient merit.

Frequently Asked Questions

Who can bring a wrongful death claim?

Close relatives who suffer loss because of the death can bring claims. This typically includes spouses or registered partners, children, and sometimes parents or other dependents. The exact circle depends on the type of damage claimed, such as loss of support or moral damages.

What compensation can be claimed?

Common heads of loss include funeral and burial costs, medical expenses incurred before death, loss of financial support for dependents, household services replacement, and moral damages for emotional distress of close relatives. The court assesses amounts case by case based on evidence and Swiss case law.

How are loss of support damages calculated?

Courts estimate the deceased person’s expected earnings and contributions to the household, adjust for taxes, personal expenses, and life contingencies, then capitalize the future loss to a present value. Financial and actuarial reports are often used.

Is a criminal case required before I can claim civil damages?

No. You can pursue a civil claim regardless of whether there is a criminal case. However, if a criminal investigation is opened, you can join as a private claimant and ask for compensation within that procedure or reserve the right to sue in civil court.

What are the time limits to file?

As a general guide, you have 3 years from when you knew about the damage and the liable party, subject to an absolute period that is typically 10 years, extended to 20 years for injury and death. Special regimes like product liability have their own periods. Always confirm your exact deadlines with a lawyer.

The insurer offered a quick settlement. Should I accept?

Be cautious. Early offers may not account for long term financial losses or moral damages. Do not sign releases before a lawyer reviews the offer, calculates full losses, and checks interactions with social and private insurance benefits.

What if the deceased was partly at fault?

Swiss law allows a reduction of damages in proportion to the deceased’s contributory fault. The exact percentage is fact specific and can be contested. Evidence such as accident reports and expert analysis is important.

How long does a case take?

Simple cases that settle with insurers may conclude within months. Cases requiring expert reports, conciliation, and court hearings can take 12 to 24 months or longer. Joining a criminal case can affect timing.

How are legal fees handled? Can I get legal aid?

Lawyers usually charge hourly fees. Pure contingency fees are not permitted, though success related supplements may be allowed under strict conditions. If you cannot afford a lawyer and your case has merit, you can apply for legal aid to cover court fees and possibly counsel.

Will compensation affect or be affected by social insurance benefits?

Yes. Survivors may receive AHV benefits, accident insurance benefits, occupational pension payments, or life insurance. Civil damages may be reduced to avoid double recovery, and some insurers have a right of recourse. A lawyer can coordinate benefits to maximize your net recovery. For tax treatment of different payments, consult a tax advisor.

Additional Resources

- Basel-Landschaft Victim Support Center under the Swiss Victim Assistance Act - confidential counseling and financial assistance for victims and families.

- Public Prosecutor’s Office of Basel-Landschaft - handles criminal investigations such as negligent homicide.

- Civil conciliation authority and civil courts of Basel-Landschaft - first step for most civil claims and the trial court if no settlement is reached.

- Cantonal police of Basel-Landschaft - accident reports and investigation documentation.

- SUVA and other accident insurers - benefits and claims information for work and non work accidents under the Accident Insurance Act.

- Occupational pension fund administrator - information on survivors benefits under the occupational pension scheme.

- Swiss Bar Association and the Basel-Landschaft bar - lawyer referral services for wrongful death and tort law.

- Ombudsman of Private Insurance and Suva - neutral information and assistance in disputes with insurers.

- Swiss Council for Accident Prevention - general safety information and statistics that can help contextualize accident risks.

- Local municipality offices in Arlesheim and cantonal social services - assistance with death certificates, civil status matters, and practical support.

Next Steps

- Seek immediate legal advice. Early guidance protects your rights and evidence.

- Preserve evidence. Keep medical records, police or accident reports, photos, witness contacts, employment and income documents, and all correspondence with insurers.

- Track expenses and losses. Record funeral costs, travel, counseling, lost income, and household service costs.

- Notify relevant insurers and benefit providers. This may include motor liability insurers, employer and accident insurers, occupational pension funds, and life insurers. Observe notification deadlines.

- Consider participation in any criminal process. A lawyer can help you join as a private claimant or decide to pursue civil action separately.

- Attend conciliation if required. Most civil cases in Basel-Landschaft start with a conciliation hearing. Your lawyer will prepare a clear settlement position and evidence summary.

- Do not sign releases or make recorded statements to insurers without counsel. Protect your position until the full extent of your losses is known.

- Plan for the long term. Coordinate civil claims with social insurance and tax considerations to ensure the best overall outcome for your family.

If you need tailored advice in Arlesheim, consult a local lawyer experienced in wrongful death, tort, and insurance law in Basel-Landschaft. Timely and knowledgeable representation can make a decisive difference in the outcome.