Wrongful death is a lawsuit brought by a family member of the deceased victim against the person who caused the death.
Who Can Sue for Wrongful Death? - Generally only immediate family members of the person who died (the "decedent") can sue for wrongful death
- Some states include extended family members
What Actions Can Result in a Wrongful Death Lawsuit?
Responsibility for a person's death can arise from any of the following actions: - Negligent or careless acts
- A reckless act
- An intentional act
Damages Recoverable for a Wrongful Death
Family members suing an individual for wrongful death usually can collect for: - Medical and funeral expenses (all expenses directly associated with death)
- Loss of earnings (potential)
- Loss of benefits (health and medical)
- Loss of inheritance due to untimely death
- Loss of care, protection and companionship to survivors
- Punitive damages, if the conduct was intentional, malicious or egregious
Bringing a Wrongful Death Lawsuit?
Each state has a "statute of limitations," which is the time limit when you are permitted to bring a wrongful death lawsuit. If you delay past this time period, you will be prohibited from bringing a lawsuit in Court. The clock usually starts when the person dies, and continues out for generally at least a year. Consult with a local lawyer to learn more about when you must bring a wrongful death lawsuit in your area.
Tolling the Statute of Limitations for Wrongful Death
If the negligence was not discovered as a cause of death immediately, some states extend the time limit within which to bring a wrongful death lawsuit until the time of discovery.
Should you Hire an Attorney Experienced in Wrongful Death Matters?
If your loved one died due to the actions of another, you should speak to a lawyer immediately to learn more about preserving your rights and remedies. A lawyer will be able to explain the value of your case and help you navigate through the complicated legal process. Most lawyers who handle wrongful death matters work on a contingency basis. Vea esta página en español: Muerte Injusta o visita Abogados-Leyes.com para más información legal.
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