How a Wrongful Death Lawsuit Works / What to do in a case involving wrongful death.
The loss of a loved one is one of the most difficult things to deal with throughout life. When the unexpected fatality is the effect of another’s negligence, the survivor and other parties may be entitled to compensation for their loss.
What is wrongful death?
Wrongful death is when a person dies due to the legal fault of another person. This includes all types of fatal accidents from car accidents to medical malpractice suits and product liability cases. Individuals, companies and other entities can be legally responsible for negligent or intentional actions.
Who would file in the case of wrongful death?
Typically, wrongful death lawsuits are filed by a representative of the deceased’s estate. This representative can change based on the laws of individual states. Some of the people that can act as an executor of the estate and file on the behalf of the deceased are immediate and distant family members including spouse, children, parents of unmarried children, siblings, life partners and grandparents.
Who can be held responsible for a wrongful death?
Wrongful death lawsuits can be brought against a variety of individuals, companies, government agencies and other entities. The defendant would be determined by the cause of the wrongful death. Some examples of this are:
- A driver or employer at fault in an automobile accident
- A government entity that failed to provide adequate warnings regarding a road hazard that caused a fatal accident
- An owner of the premises where alcohol was served that impaired a driver
What are the collectible damages for a wrongful death suit?
In a wrongful death lawsuit, the damages are intended to be compensation for the survivor’s loss. There are a few types of damages that can be awarded in a wrongful death case. Economic damages include lost wages from the deceased and medical and funeral expenses. Non-economic damages like those for the loss of companionship or the mental anguish of the survivor are less tangible but often more meaningful. Other damages may include interest and attorneys’ fees, and in particularly bad situations, punitive damages.
The damages available in wrongful death lawsuits vary a great deal from state to state. Many states limit the amount and type of collectible damages, especially in the case of wrongful death through medical malpractice.
What to do in the event of a wrongful death
The unexpected loss of a loved one is a stressful and grief-filled occurrence. If you believe that your loved one has passed as the result of harm or negligence, you may be owed compensation for a wrongful death. An experienced attorney can help you evaluate the facts, identify the cause of the wrongful death and guide you in any legal actions for your case. If you have any questions about your rights concerning the death of a loved one, contact the experienced personal injury lawyers at Avera & Smith.