A wrongful death lawsuit is a situation where someone files a claim for a person who died because of another party’s wrongful actions or negligence. The only person who can legally file a wrongful death suit is the executor of the deceased’s estate, which is typically a family member. Also, the only people who can legally receive compensation are the designated ‘distributees’. If your loved one died due to someone else’s negligence or unlawful actions, that may be grounds to pursue a wrongful death lawsuit.
Depending on the specific state wherein the lawsuit is filed, the statute of limitations regarding the details surrounding a wrongful death lawsuit varies anywhere from 1-3 years following the death in question. Therefore, if you think your loved one’s death happened because of someone’s intent to harm them or from negligence on their part, it’s crucial that you immediately get in touch with a wrongful death lawyer in your state in order to determine your legal rights and to learn about court awards and settlements. Wrongful death lawsuits are generally handled by a proficient personal injury lawyer. Overall, personal injury lawyers have a great deal of experience when it comes to litigating cases that involve fatal injuries that result in wrongful deaths.
What Is A Wrongful Death Claim?
In most cases, a wrongful death claim involves the following aspects:
- The death was due to the behavior of the defendant, either in part or whole.
The defendant was either strictly responsible or negligent for the death of the victim.
Monetary damages have developed from the death of the victim.
There are surviving children, spouse, dependents, or beneficiaries.
In the average wrongful death case, the wrongful death attorney tries to seek damages on behalf of the victim’s family, some of which may involve the following:
- Immediate compensation related to the death, such as medical and funeral expenses.
Loss of benefits due to the victim’s death, such as medical coverage, pension, etc.
Loss of the victim’s projected future earnings until the time of their retirement or natural death.
Loss of inheritance due to the victim’s premature death.
Compensation for punitive damages.
Compensation for general damages.
Loss of protection, care, and companionship to the victim’s survivors.
Mental anguish, pain, and suffering to the survivors.
If your loved one endured a wrongful death, it’s quite possible you qualify for damages or certain remedies that could be awarded in a potential wrongful death court case. Contact us today at 918-779-3658.