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 more 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 |
|
4/16/2005 |
Judith Anderson's
husband was killed in 2003 when his car was hit by a
Schneider National semi-tractor trailer rig when
Bradley fainted. Judith Anderson, individually, and
as representative of the Estate of William Anderson,
sued Thomas Bradley, Schneider National Inc. and
Schneider National Bulk Carriers Inc. claiming that
the defendants' negligence caused the wrongful death
of Mr. Anderson (51 years old). Mrs. Anderson
claimed that Schneider knew that Bradley had health
problems that made it unsafe for him to drive a
vehicle. |
Past Examples of Wrongful Death Lawsuits:
|
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.
|
|
|
|
Submit Your Legal Question
The Submit Form provided
below allows you to anonymously submit your legal issue to a
LawFirmofAmerica.com affiliate. Submitting the form
provided below does not create an attorney/client relationship
between you and LawFirmofAmerica.com or any of its affiliates.
Your information will be forwarded to a LawFirmofAmerica.com
affiliate.
|
|
|
|
Disclaimer
|
LawFirmofAmerica.com is a
network marketing website. The information and
materials contained on this web site do not constitute legal
advice and are presented without any representation or
warranty whatsoever, including as to accuracy or
completeness. The information submitted through this website
is not intended to create, and receipt of them does not
establish, an attorney-client relationship between you and
LawFirmofAmerica.com or any of its affiliates. Depending on
your legal issue, the information submitted may be forwarded
to another law firm affiliate other than the law firms
listed on this website.
No representation is made that the quality of the
legal services to be performed is greater than the quality
of legal services performed by other lawyers.
Lawfirmofamerica.com can only process a limited number of
case evaluations. Therefore, it cannot guarantee a response.
|
Click Here For Full Disclaimer |
|
|
|
Disclaimer
|
LawFirmofAmerica.com is a
network marketing website of individual law firms from each
state. As a result, each affiliate firm is in no way
connected with any other affiliate firm. The information and
materials contained on this web site do not constitute legal
advice and are presented without any representation or
warranty whatsoever, including as to accuracy or
completeness. The information submitted through this website
is not intended to create, and receipt of them does not
establish, an attorney-client relationship between you and
LawFirmofAmerica.com or any of its affiliates. Depending on
your legal issue, the information submitted may be forwarded
to another law firm affiliate other than the law firms
listed on this website.
No representation is made that the quality of the
legal services to be performed is greater than the quality
of legal services performed by other lawyers.
*The wrongful death case example is provided for
illustrative purposes only. The outcome of your case
will depend upon the facts of your case. |
Click
Here For Full Disclaimer |
|
Alabama,
Arizona,
Arkansas,
California,
Colorado,
Connecticut,
Delaware,
Florida,
Georgia,
Hawaii,
Idaho,
Illinois,
Indiana,
Iowa,
Kansas,
Kentucky,
Louisiana,
Maine,
Maryland,
Massachusetts,
Michigan,
Minnesota,
Mississippi,
Missouri,
Montana,
Nebraska,
Nevada,
New Hampshire,
New Jersey,
New Mexico,
New York,
North Carolina,
North Dakota,
Ohio,
Oklahoma,
Oregon,
Pennsylvania,
Rhode Island,
South Carolina,
South Dakota,
Tennessee,
Texas,
Utah,
Vermont,
Virginia,
Washington,
Washington DC,
West Virginia,
Wisconsin,
Wyoming |
www.lawfirmofamerica.com |
