Wrongful Death Information

Have you lost a loved one in a tragic accident and feel that they may have been a victim of someone's negligence? You may be able to file a wrongful death lawsuit on your loved one's behalf. Review the following frequently asked questions to learn more about your rights.

What is wrongful death?

If someone is killed as a result of another party's negligence, it may be grounds for a wrongful death claim. Fatal injuries stemming from car accidents, medical malpractice, defective products, and other scenarios can potentially lead to a wrongful death claim.

Who is entitled to bring a wrongful death lawsuit?

In most cases the executor of the deceased's estate can file a wrongful death lawsuit. Most of the time, this person is a family member such as spouse, parent, or child. A wrongful death lawsuit cannot be brought by friends or extended family.

Are the wrongful death laws the same in every state?

Unfortunately, the laws are different in each state. You should consult an attorney experienced in wrongful death lawsuits to determine whether or not you have a valid claim on the behalf of your loved one. Additionally, each state may have a different statute of limitations in wrongful death matters, so it is important to pursue legal action as soon as possible.

Can wrongful death lawsuits be successful if the deceased was never employed?

Even if your loved one was never employed you may still be able to be successful in a wrongful death lawsuit. Your deceased loved one may have contributed to your family in many other ways, such as child rearing, housekeeping, and emotional support. In addition, you may be able to recover medical expenses and funeral expenses related to your loved one's death.

Can wrongful death lawsuits include pain and suffering of the deceased?

Most of the time a wrongful death lawsuit compensates the survivors, however, in some states if the deceased did experience pain and suffering before their death, a pain and suffering award can be considered. You should seek the advice of an experienced personal injury attorney to determine if this is a valid claim in your case.