Wrongful Death

Wrongful death is a term used to describe the type of lawsuits brought by the surviving relatives of a deceased person, against the person who caused the death to occur.

A wrongful death is a death caused by another's negligence, recklessness, malpractice, or inaction. A pedestrian killed by a drunk driver, a woman murdered by her ex-husband, or a child struck and killed by a careless teenage motorist are examples of wrongful deaths. In such cases, the families of the deceased can file wrongful death personal injury lawsuits on their loved one's behalf. These civil lawsuits, which do not bear any criminal charges, help families recover damages for pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses. If you have lost a loved one to wrongful death, you may be eligible for damages.

Lawsuit Eligibility
Immediate family members - including parents, spouses, and children, are almost always eligible to file a claim, although minors may need an adult guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.

How to File a Lawsuit?
If you believe you have a valid wrongful death claim, you should first consult an attorney. A wrongful death attorney can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit. Hiring an attorney can also help alleviate some of the stress you may be experiencing.

Possible Compensation
You may win damages from your wrongful death lawsuit to cover the following:
• Medical and funeral costs
• Lost wages, including future earnings
• Lost benefits
• Lost inheritance
• Pain and suffering
• Mental anguish
• Loss of support or companionship
• General damages
• Punitive damages

Some states prohibit some of the preceding damages. Punitive damages may not be awarded without additional evidence of malicious intent. Talk with an attorney to discuss your specific circumstances.

Wrongful death damages can be economic, such as the loss of an income provider or a homemaker, and it can also be non-economic in the form of the emotional impact of losing a loved one. In a wrongful death lawsuit, the amount of damages can be a very complicated question. Survivors can usually sue for medical bills paid for the care of the person who was injured as well as for burial expenses. Because the idea is that the survivors have been injured by the absence of the person who died, determining the amount of damages requires consideration of what probably would have occurred in the future. The damages that can be assessed may include an estimate of the amount of earnings the person who died would have earned if they had lived and the pain and suffering experienced by the survivors due to the absence of the deceased person. Estimates of future earnings require the use of an economic expert testimony regarding the net present value of the deceased person's future earning capacity.

Statutes of Limitations
Every wrongful death lawsuit is subject to a statute of limitations which caps the amount of time that a person has to initiate a lawsuit. Generally, family members are allowed between one and three years (depending on the state) from the time of death to file a claim. If they fail to observe the statutes of limitations, their claims may be barred forever.

There are exceptions. For example, if the death was originally deemed an accident rather than the result of someone else's negligence or malice, the statute of limitations will be adjusted so that it takes effect when the true cause was discovered rather than at the time of death.

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A wrongful death action is separate from the lawsuit that may be brought on behalf of the deceased person (for example, by the deceased person's estate) for damages resulting from injuries to the deceased. For procedural purposes, these actions are typically combined into one lawsuit. The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. The wrongful act may be a negligent or careless act such as careless driving or a deliberate act such as manslaughter.

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