A wrongful death case allows survivors of a deceased loved one to seek compensation for their losses and expenses from the person or entity responsible. While a wrongful death lawsuit may sound similar to a personal injury claim, there are significant differences between the two types of cases.
A person may bring a wrongful death claim if another’s negligent actions led to their loved one’s untimely death. Car accidents resulting in severe injuries and deaths for passengers, drivers, and pedestrians are common examples. Medical malpractice such as surgical errors, prescription drug errors, and failure to diagnose cancer can also lead to fatal outcomes. In addition, the negligence of employers, property owners, and manufacturers can result in fatalities.
The law in each state varies as to who is eligible to bring a wrongful death suit. Typically, spouses and children of the deceased are eligible to act as representatives in a wrongful death case. However, some states allow for other relatives such as putative spouses and financial dependents to recover damages.
Wrongful death victims can be compensated for both economic and noneconomic damages, including funeral costs, loss of income, and loss of inheritance. It’s important to consult a knowledgeable attorney who can help calculate and document the extent of your loss. For example, you might need an expert economist to assess your loved one’s life expectancy and provide an estimate of lost earnings and other economic losses.
Noneconomic damages include pain and suffering that your loved one experienced before their death. Your lawyer can pursue a survival action to hold the perpetrator accountable for your loved one’s pain and suffering that started with their accident or illness and continued until their death.
When you’re ready to discuss your legal options, contact a compassionate wrongful death lawyer. We have the skills and experience to guide you through this difficult process. We will investigate the matter, determine which parties are liable, and negotiate with opposing counsel to ensure that you receive fair and just compensation for your loss.
It’s important to file a wrongful death claim within the statute of limitations. This varies by state but is generally two years from the date of your loved one’s death. However, it’s critical to work with a wrongful death lawyer who can help you understand the statute of limitations and how it applies to your specific situation. We can also explain how to file a timely lawsuit when necessary and gather evidence for your case. For instance, we might have access to video footage of the accident that caused your relative’s death. This could prove a crucial piece of evidence in your case. We may even have witness testimony that can support your claims.