When a person dies due to the negligence or wrongful act of another, a wrongful death lawsuit may be filed. Wrongful death claims seek to compensate the surviving family members for their loss, such as emotional suffering, financial burden, and loss of companionship.
A wrongful death attorney can assist the family members in filing the lawsuit and obtaining the compensation they deserve. These attorneys specialize in the legal aspects of wrongful death claims and can help families navigate the complex legal system.
In a wrongful death lawsuit, the plaintiff must prove that the defendant’s actions or inactions caused the death. This can include various scenarios, such as medical malpractice, product liability, car accidents, and workplace accidents.
The compensation in a wrongful death lawsuit may include various damages, such as funeral expenses, medical expenses, lost income, and pain and suffering. The damages awarded in a wrongful death case vary from state to state and depend on the case’s specific circumstances.
Working with an experienced wrongful death attorney is important to protect your legal rights and receive the maximum compensation available. These attorneys can investigate the case, gather evidence, and negotiate with insurance companies on behalf of the family members.
While a wrongful death lawsuit cannot bring back the lost loved one, it can help provide some financial stability and closure for the surviving family members. A wrongful death attorney can provide compassionate and knowledgeable guidance throughout the legal process and help family members move forward with their lives.
Who Can File A Wrongful Death Claim?
The laws for a wrongful death lawsuit will vary by state. However, in most states, a wrongful death lawsuit must be started by a representative of the surviving family members. This representative is usually the executor of the estate.
State law will also determine who is considered a surviving family member. Different family members that may qualify include:
Spouse and Minor Children
Every state gives the spouse and all minor children, biological and adopted, to seek compensation for their spouse or parent.
Parents of Unmarried Children
The parents of an unmarried child, minor or adult, can seek wrongful death compensation for losing their loved one.
Life Partner, Common Law Marriage, Dependent Relatives
Some states have made it possible for people who are life partners, live as a common law married couple, or are adult relatives of a deceased person that relied on that person for support to make a compensation claim.
Distant Family Members and Non-Family Members Who Suffered Financial Losses
Some states would allow distant family members, like siblings, grandparents, and non-family members, to claim wrongful death if over 50 percent of their financial support came from the deceased.
Parents of A Deceased Fetus
Some states will allow for a wrongful death suit against the negligent party for the loss of a fetus. However, you must consult a wrongful death attorney to see if your state law allows this type of lawsuit.
Who Can Be Sued For Wrongful Death?
A wrongful death action can be taken against almost any person or entity that was the cause of the accident that caused the death. This includes:
- Any person whose negligent action or inaction caused the death
- Any business or entity that is held negligent for the accident
- Manufacturers or anyone in the chain of distribution if the death is a result of a faulty product
- Some government agencies
In some states, the government and government agencies are immune from wrongful death cases. You must check with an attorney if this applies to our case.
Congress had also passed a law stating that manufacturers of generic drugs cannot be held liable for personal injury or wrongful death for generic drugs because the FDA had previously approved the medication as safe when it was initially released.
Compensation Available For Wrongful Death
Compensation for wrongful death is very similar to what can be awarded in a personal injury claim. Every state has different laws regarding compensation for wrongful death actions, so you will need to speak with a lawyer to see which types of compensation apply to your case.
Economic Damages For Wrongful Death
Several types of economic damages may apply to your wrongful death case. These include:
- Burial and funeral expenses
- Medical costs associated with the injury that led to the death
- Loss of economic support
- Loss of inheritance
- Loss of services
Economic damages will vary greatly depending on the decedent’s age, the support they provided, and other factors. You will need to speak with a wrongful death attorney to understand better what types of damages you will receive based on the facts of your case.
Non-Economic Damages For Wrongful Death
Non-economic damages are very subjective because placing a dollar figure on emotional losses is tough. However, the law allows you can seek non-economic damages for the following:
- Pain and suffering the deceased suffered from the accident and injury that caused their death
- Loss of emotional support, companionship, and guidance. This applies to the surviving family members.
Only two states, Florida and Illinois, allow the surviving family members to seek damages for pain, suffering, and mental anguish that they have experienced due to the wrongful death.
Wrongful death lawsuits may have caps on the amount you can recover for pain and suffering. This will depend on the state in which you live. Speak with your attorney to determine what compensation applies to your case.
The Statute of Limitations
The Statute of Limitations does apply to wrongful death lawsuits. In most states, you have two years from death to seek compensation for losing your loved one. However, some states have a shorter time limit to file a claim.
It is always beneficial to speak with a wrongful death attorney as soon as possible after losing a loved one. This protects your right to seek compensation for a wrongful death case. Exceeding the time limit of the Statute of Limitations will prevent you from filing a compensation claim.
Connect With A Wrongful Death Attorney Today
If you have lost your loved one to any type of negligence, whether from an accident or a defective product, certain surviving family members have the right to seek compensation for their loss. Compensation for wrongful death can help your family with the financial stability they need while recovering from this terrible loss.
If you are ready to speak to a wrongful death lawyer, please click on “Find a Lawyer,” We will connect you with lawyers in your area who can help you with a wrongful death claim. There is no reason to delay; schedule your free consultation today.