In general, a wrongful death lawsuit is a lawsuit
regarding a death that was caused by another
person's negligence, recklessness, malpractice, and
sometimes inaction. In such cases, and
depending on state law, families of the deceased can
file a wrongful death lawsuit on behalf of their
loved one. These lawsuits can help families
recover damages for pain, suffering, lost wages,
mental anguish, loss of companionship, related
medical costs, and other expenses that have resulted
and relate to the wrongful death. So, if you
have lost a loved one to a wrongful death incident,
you may be eligible for an award of damages in the
appropriate court. For more details, you should
contact an attorney.
For a free evaluation, you can use the submit form
provided below.
A question that is often asked is,
who has the right to file the
lawsuit. Although the answer
to this question depends on which
state the lawsuit is filed in, in
general immediate family members
(including parents, spouses, and
children) are almost always eligible
to file a claim. For minors,
the law may require the need for an
adult guardian to take a wrongful
death lawsuit to court.
Additionally, other family members -
such as stepparents, grandparents,
and dependents, may also be
permitted to file suit in some
states.
Another common
question what role
can a wrongful death
lawyer play in a
lawsuit. In
general, a wrongful
death attorney can
help you gather
important evidence,
understand the
relevant law,
complete necessary
paperwork and
filings, and prepare
a convincing
lawsuit. Hiring an
attorney can also
help alleviate some
of the stress you
may be experiencing
- by allowing you to
understand your
legal rights.
Depending on state
law and the specific
facts, the type of
damages that may be
recoverable in a
wrongful death
include"
Medical and
funeral costs
Lost wages,
including future
earnings
Lost benefits
Lost inheritance
Pain and
suffering
Mental anguish
Loss of support
or companionship
General damages
Punitive damages
A very important
thing to remember about wrongful
death lawsuits, is that basically
every wrongful death lawsuit is
subject to a statute of limitations.
In general, the statute of
limitations caps the amount of time
that a person who has lost a loved
one has to initiate a wrongful death
lawsuit.
It
is always a better idea to act sooner, rather than
later, when dealing with legal matters. The closer
it is to an accident, the easier time to investigate
and identify who is liable for the injuries that
resulted. This will increase the chances of
recovering a higher amount of compensation for the
personal injury. Some states have set a statute of
limitation on the time frame you must file your
personal injury case that will automatically
disqualify you from recovering any compensation if
you wait too long.
Wrongful Death Case
Example
Date
Facts
Decision (may be
subject to appeal)
9-14-05
This wrongful death claim
occurred in Missouri. The
Family and Estate sued BP Amoco for wrongful
death claiming that she developed a rare form of
blood disorder as a direct result of being exposed
to benzene from petroleum products that the
plaintiffs claimed leaked into the ground and
surface water around her home near BP's Surgar Creek
Refinery in Independence Missouri.
$13,300,000
Past Examples of Wrongful Death Lawsuits:
Automobile Accident
Trucking Accident
Tire Blowout Accident
Airplane Accident
Motorcycle Accident
Careless Actions by Another
Failure to Stop
Workplace Injury
Medical Malpractice
Hospital Negligence
Negligence
Product Liability
Dog Bite
Medicine Malpractice
Surgery Malpractice
Slip Accidents
other areas
Frequently Asked Wrongful Death Questions:
Who might be considered
as the survivors of a victim of wrongful death?
The
survivors of a wrongful death victim may vary
from state to state, but in general, usually the
survivors include the spouse and minor children.
Check with a Lawyer for specifics.
What compensation can be
claimed in a wrongful death case?
Compensation may vary by state or jurisdiction
but some examples include the following: (i)
Expenses incurred by the death of the victim
(funeral, medical, etc.); (ii) Loss of future
earnings anticipated over the lifetime of the
victim; (iii) Benefits lost due to the victims
death (medical insurance, pension, 401K, etc.);
(iv) Survivors pain, suffering and mental
anguish caused by the victims death; (v)
Companionship, care or protection lost to the
survivors as a result of the death and (vi)
General and punitive damages.
Check with a Lawyer for
specifics.
Who can
file a wrongful death claim?
This depends on the individual state law, but in
general the immediate family members (spouses,
children and parents) can file a wrongful death
claim. Some states allow grandparents, legal
dependants and extended family members to file.
Check with a Lawyer for specifics.
Are
there any limitations on who cannot be sued?
This depends on
the individual state law, but in some states, a
family member cannot sue another family member
for wrongful death. Check
with a Lawyer for specifics.
If someone you love has been the victim of wrongful death, you may want to have the facts reviewed by a lawyer.
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