Losing a loved one is a challenging and overwhelming experience, and if their death could have been avoided, the emotional toll can be even more significant. When someone dies due to the negligence, carelessness, or wrongful act of another person, the surviving family members can file a wrongful death lawsuit. Wrongful death laws are complex, and understanding the legal implications can be challenging. Here is a detailed guide to help you understand the basics of wrongful death laws.
Table of Contents
What is wrongful death?
Wrongful death is a legal term that refers to the death of a person caused by the wrongful act, neglect, or default of another person or entity. Wrongful death can occur in cases of medical malpractice, car accidents, workplace accidents, defective products, and criminal activity. When a wrongful death occurs, the surviving family members can file a lawsuit against the responsible party to seek justice for their loved one.
Who can file a wrongful death lawsuit?
The laws governing wrongful death lawsuits vary from state to state, but in general, the following parties can file a lawsuit:
Immediate Family Members
Immediate family members include spouses, children, and parents of the deceased. Immediate family members generally have the first right to file a wrongful death lawsuit. In some states, siblings and grandparents may also have the right to file a lawsuit.
Legal Guardians
Legal guardians who have been appointed to oversee a minor child’s welfare may also file a lawsuit on behalf of the child if their parent or parents died as a result of a wrongful act.
Personal Representative of the Estate
If the immediate family members do not file a lawsuit, the personal representative of the deceased’s estate can do so. The person appointed to represent the estate is usually named in the deceased’s will.
What damages can be awarded in a wrongful death lawsuit?
The damages that can be awarded in a wrongful death lawsuit vary depending on the state’s laws. In general, the following damages can be awarded:
Economic Damages
Economic damages compensate the surviving family members for the financial losses they have suffered due to their loved one’s death. Economic damages may include:
- Funeral and burial expenses
- Medical expenses related to the deceased’s last illness or injury
- Loss of the deceased’s income
- Loss of potential future earnings and benefits
- Loss of inheritance
- Loss of goods and services that the deceased would have provided
Non-Economic Damages
Non-economic damages compensate the surviving family members for the emotional pain and loss they have suffered due to their loved one’s death. Non-economic damages may include:
- Loss of companionship and love
- Emotional distress and mental anguish
- Loss of guidance and nurturing
- Loss of consortium
What is the statute of limitations for filing a wrongful death lawsuit?
The statute of limitations is the time limit in which a lawsuit must be filed. The statute of limitations for filing a wrongful death lawsuit varies from state to state. In most states, the statute of limitations is two to three years from the date of the deceased’s death. It is essential to consult an experienced wrongful death attorney to determine the statute of limitations in your state.
Hiring an attorney for a wrongful death lawsuit
Filing a wrongful death lawsuit can be daunting, and it is essential to have an experienced attorney by your side to guide you through the process and help you obtain the compensation you deserve. An attorney can help you:
- Evaluate your case and discuss your options for legal action
- Investigate the circumstances surrounding the death of your loved one
- Calculate the financial losses incurred due to your loved one’s death
- File papers and initiate the lawsuit
- Negotiate with insurance companies and handle the legal aspects of the case in court
Conclusion
Wrongful death lawsuits are complex and emotionally challenging, but they are designed to provide justice and compensation for the surviving family members of those who have died due to someone else’s negligence, carelessness, or wrongful act. If you believe that your loved one’s death was wrongful, it is important to consult an experienced wrongful death attorney to evaluate your options and help you seek justice for your loved one.