If your loved one died due to the negligent or deliberate behavior of someone else, you may be able to receive financial compensation by filing a wrongful death lawsuit.
In many cases, a wrongful death lawsuit is the only way surviving family members can recover the financial burdens of an untimely loss. Wrongful death lawsuits can reimburse families for pain and suffering, medical bills, loss of financial support and many other hardships that loved ones face after dealing with a devastating loss.
Wrongful Death Cases
Family members filing a wrongful death lawsuit must prove that a person or company was responsible for the victim’s death by their negligent or reckless behavior. Wrongful death plaintiffs are also required to show that they have suffered measurable financial damages because of the unexpected death of their loved one.
Some of the most common wrongful death cases include drowning accidents, car/motorcycle accidents, workplace accidents, defective products, boating accidents, medical malpractice, slip and fall accidents, bicycle or pedestrian accidents, and nursing home neglect or abuse.
All states allow the surviving spouse and children of a wrongful death victim to sue if negligence can be found. There are some states that even allow wrongful death lawsuits to be filed by grandparents, siblings and life partners of the victim.
Depending on the severity of pain and degree of intention, a wrongful death lawsuit can be straightforward or complicated. Most plaintiffs choose to hire a personal injury attorney or wrongful death lawyer to help them with the case.
Wrongful Death Lawsuits
In order to have a successful wrongful death lawsuit, the burden of proof is on family members to show that the defendant deliberately caused the death of their loved one and that they have suffered financially and emotionally because of it. This process can be a difficult one, especially when trying to cope with overwhelming loss.
A wrongful death attorney can help family members navigate the legal process in a variety of ways, including but not limited to the following:
- Gathering evidence on your behalf – police and medical reports, expert testimony and physical evidence
- Determining financial and emotional damages
- Appearing in court on your behalf
- Negotiating with defendants
- Filing legal documents
- Determining if you’ve passed the statue of limitations for filing the lawsuit
Wrongful Death Damages
Many courts deal with wrongful deaths in a serious and harsh manner in an effort to discourage others from acting in a similar way. In order to determine actual damages, courts will consider the age, health condition, and earning potential of the wrongful death victim.
While each case is different, wrongful death plaintiffs can seek the following financial or emotional damages:
- Loss of consortium (loss of intimacy with a spouse)
- Medical costs
- Funeral and burial costs
- Loss of expected income from victim
- Loss of companionship
- Pain and suffering endured by family members
There are statues of limitation in all states that determine how much time family members have to file a lawsuit after a wrongful death has occurred. Contact a wrongful death attorney to fully understand your legal rights.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
