What is a wrongful death? A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.
Who can file a wrongful death claim? This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file.
Who are to be considered the survivors of a victim of wrongful death? The survivors of a wrongful death victim may vary from state to state, but in general usually include the spouse and minor children.
What compensation can be claimed in a wrongful death case? Compensation may vary by state or jurisdiction but in general the law provides for the following: Expenses incurred by the death of the victim (funeral, medical, etc.) Loss of future earnings anticipated over the lifetime of the victim. Benefits lost due to the victims death (medical insurance, pension, 401K, etc.) Survivors pain, suffering and mental anguish caused by the victims death. Companionship, care or protection lost to the survivors as a result of the death. General and punitive damages.
When must a wrongful death lawsuit be filed? Every state has its own ‘statute of limitation', which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
Who cannot be sued? A family member cannot sue another family member for wrongful death.
If you need answers to further questions please contact our law firm to set up a consultation to speak with one of our wrongful death lawyers. Having an attorney explain the law in your situation can help direct your next steps.