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If a tragic death happens as a result of another person's careless acts, the responsible individual may face criminal charges.
Civil legal remedies, on the other hand, can provide monetary compensation to surviving family members.
When someone dies as a result of someone else's negligence or misbehavior, the responsible person can be sued for wrongful death.
Wrongful death lawsuits can be filed not only against individuals, but also against businesses and hospitals.
Who can, however, claim for wrongful death? What is considered wrongful death? We'll answer those and other questions farther down.
What Is Wrongful Death?
What Is Wrongful Death?
Wrongful death legislation permits surviving family members and other affected parties to seek compensation for a loved one who died as a result of someone else's negligence.
Not all deaths, including those that are unintentional, are eligible for a wrongful death case.
For a wrongful death lawsuit to be filed, the deceased person's cause of death must meet particular conditions.
Many factors can lead to a wrongful death, including:
Accident on the job
Car Accident
Truck Accident
Bike Accident
Medical malpractice
Product with flaws
Acts of criminality
Accident caused by a drunk driver
Accident caused by drugs
Abuse of the elderly
Who Can File a Wrongful Death Lawsuit
Who Can File a Wrongful Death Lawsuit
Wrongful death laws vary by jurisdiction, however every state permits someone in the immediate family to initiate a wrongful death claim.
In most cases, the deceased's spouse will file a wrongful death claim.
If the dead did not have a spouse, the case could be brought by an adult child.
If the person who died was a kid, the child's parents can file a wrongful death claim on the child's behalf.
Some states allow a domestic partner or civil union to sue on behalf of their partner for wrongful death.
An adult child can launch a wrongful death claim if the person was not married and did not have a partner.
In some states, a wrongful death lawsuit must be filed by the deceased's personal representative.
A personal representative is frequently an individual or a business who is in charge of the deceased's estate.
The personal representative is sometimes known as the estate's "executor."
The personal representative is sometimes responsible for bringing a wrongful death lawsuit in addition to inventorying and distributing the estate assets.
Who May Be Sued for a Wrongful Death?
Who May Be Sued for a Wrongful Death?
A wrongful death lawsuit can be filed against a variety of parties, including individuals, businesses, employees, and even government agencies.
For example, if a person is killed in a car accident caused by a drunk driver, a wrongful death lawsuit can be filed against the drunk driver, their employer, the people who sold, served, or supplied the impaired driver alcohol, or the owner of the business where the alcohol was served.
Types of Damages in a Wrongful Death Claim
Types of Damages in a Wrongful Death Claim
A wrongful death case allows your family to seek compensation for both monetary and non-monetary losses, as well as seek justice on behalf of your loved one.
You can seek to make the responsible party accountable for their negligent, reckless, or irresponsible acts with the help of an expert wrongful death attorney.
You may be entitled to the following if you bring a wrongful death lawsuit:
Expenses for the funeral
Costs of burial
Medical costs at the end of life
Loss of the decedent's life
Loss of Companionship
Loss of Consortium
Loved one's pain and suffering
Loss of income/capacity to earn
You Only Have Two Years To File a Wrongful Death Claim
You Only Have Two Years To File a Wrongful Death Claim
Accidents that result in death are chaotic and life-changing, but you must respond immediately.
You only have two years from the date of death in most states to file a claim.
Even for the death of little children, there are only a few exceptions to the statute of limitations.
Even if exceptions apply in your circumstance, there are normally still limitations, and claims must be made within five years following the death of your loved one.
As a result, you should contact a wrongful death attorney as soon as possible.
Seeking Legal Help
Seeking Legal Help
If a loved one died as a result of someone else's negligence, you should get legal counsel about how to file a wrongful death lawsuit.
Personal injury lawyers who are knowledgeable about the laws governing these matters will be able to advise you on the best line of action to take.
The Mabra Law Firm can assist you during this difficult time and will ensure that you receive the financial compensation you are entitled to.
Fill out the form below to schedule a free consultation with the Mabra Law Firm.
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