Wrongful death occurs when someone dies as a result of another person or entity’s negligence, recklessness, or intentional wrongdoing. This type of tragedy can have a devastating impact on the loved ones of the deceased, as it may leave them to deal with the emotional and financial consequences of the loss.
In most cases, the surviving family members of a wrongful death victim could be entitled to seek compensation through a wrongful death lawsuit.
Laws pertaining to wrongful death can vary from state to state in the US. However, most states follow a similar framework regarding wrongful death claims.
In general, on behalf of the surviving family members, personal representatives of the deceased state will bring in wrongful death lawsuits. This may include the spouse, children, and/or parents of the deceased.
Did you know?
If a doctor misdiagnoses a patient’s condition and the patient dies as a result, liability of wrongful death can fall on the doctor.
Proving your case
To successfully prove a wrongful death claim, the plaintiff must establish that the defendant’s actions or inactions caused the death of the victim. This means showing that the defendant had a legal duty to act or not act in a certain way, and that they breached this duty, leading to the victim’s death.
Compensation for your loss
There are several types of damages that may be available in a wrongful death lawsuit. These may include compensation for the deceased’s medical bills, funeral expenses, and lost wages, as well as damages for the pain and suffering of the surviving family members.
Did you know?
In some instances, the court may also award punitive damages, which are designated to punish the defendant for their behavior and deter others from engaging in similar conduct.
Statutes of limitations
It’s important to note that wrongful death lawsuits are subject to strict time limits, known as statutes of limitations. This means that survivors must file their claim within a certain timeframe after the death occurred.
Unfortunately, failing to file the claim within the appropriate time period can keep survivors from seeking compensation.
In addition to the statute of limitations, there are other factors that may affect the outcome of a wrongful death lawsuit. For example, the court may consider the strength of the evidence, the credibility of the witnesses, and the extent of the damages suffered by the surviving family members.
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