What is a wrongful death lawsuit?

Wrongful death lawsuits are brought by the family of a person who has died due to the deliberate, reckless, or negligent actions of another. The goal of this type of personal injury claim is to gain compensation for close relatives, in order to help defray medical costs and provide financial support. A wrongful death suit may also seek damages for pain and suffering, lost wages, mental anguish, and loss of companionship or support for the surviving relatives. A wrongful death lawyer may attempt to ensure that the family's emotional suffering is not augmented with unnecessary financial stress.

Can I file a wrongful death lawsuit?

Laws pertaining to wrongful death lawsuit vary somewhat from state to state, but in general, immediate family members of the deceased can bring wrongful death claims. This means that parents, spouses, and children are almost always eligible to file a claim, although minors may need an adult guardian to bring a suit to court. In some states, other family members or legal dependants may also have the right to file a wrongful death claim. A personal injury lawyer or wrongful death attorney can help relatives understand the laws in a particular state.

What compensation is provided in a wrongful death settlement?

Damages awarded in wrongful death settlements or verdicts may attempt to provide compensation for a number of current and future financial and emotional costs to the family of the deceased. The following list cites some damages commonly won:

• 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 damage

Some of these are banned, limited, or restricted in specific areas. In many places, punitive damages require more evidence of wrongdoing - often with the intent to harm or kill the victim.

What is a wrongful death lawsuit's statute of limitation?

Statutes of limitations often require that wrongful death lawsuits be filed within a certain period of time in order to be viable.

Some states set the time limit at two years, but the exact length of time varies. In a certain restricted number of cases, the time limit may begin at the time negligence is discovered as the cause of death, rather than at the time the victim died.

This exception is usually made only in cases where the cause of death is originally thought to be chance or accident, rather than the fault or negligence of another. Usually, however, the time limit extends from the time of the victim's death until the designated cutoff.