Wrongful Death Lawsuit

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Many cases of wrongful death arise every year in America and around the world. Wrongful death is when a fatality is caused by the negligence or fault of another or others. Because of the nature of this type of death, the immediate family of the decedent is able to file a wrongful death lawsuit for damages. The death could have occurred in a number of ways, from taking medication with deadly side effects to being the victim of a road traffic accident caused through negligence or incompetence.

A wrongful death lawsuit is designed to claim damages for the loss of a loved one as well as the possible loss of financial stability. It is usually the immediate family members of the decedent that are entitled to file a wrongful death lawsuit, although wrongful death statutes can vary from one state to another. Whereas some states may allow only a partner, parent, adult child, or the guardian of a younger child to file, other states may allow grandparents, aunts and uncles, and other members of the extended family to file for wrongful death. This can be dependent upon individual circumstances relating to they surviving family of the decedent.

When it comes to filing a lawsuit for wrongful death, you need to consider a number of factors. Find out about the wrongful death statutes that apply in your state, as these will determine whether or not you are eligible to file. The representative allowed to bring a wrongful death suit is defined by each state. In some states, it may only be a spouse and children. In other states, grandparents or other relatives may be able to file. Also, when researching the wrongful death statutes, verify the length of time that is allowed to file a case. Each state differs, and procrastination can be detrimental.

Keep in mind that it is not always easy to prove negligence and fault in a lawsuit of this type, and the defendant named in the case may plan to fight tooth and nail against your claims. Without the necessary skill and knowledge to deal with such proceedings, filing a wrongful death lawsuit can become difficult, stressful, and in some cases pointless, as it decreases the chances of making a successful claim.

The amount of compensation granted is a very complex question. Survivors can usually sue for medical bills paid for the care of the person who was injured in addition to funeral expenses. In order to increase the chances of filing a solid lawsuit and maximizing your chances of compensation, it is important to seek assistance of someone who has the skill, knowledge, and experience to deal with such cases. An experienced wrongful death lawyer will be able to help you with all aspects of filing a wrongful death lawsuit, from adherence to the various statutes that may apply in the filing of your lawsuit, to proving facts with regards to the fault or negligence of the defendant.

There is a time frame, like many suits, that must be followed when filing the suit. The time frime for filing is called the statute of limitations and varies by state.

Compared to the amount of compensation that you stand to lose with an unsuccessful wrongful death lawsuit, the cost of enlisting legal assistance from an experienced lawyer is negligible. In fact, you can usually discuss your case free of charge with an experienced wrongful death lawyer in order to determine the viability of your lawsuit. This can help to determine the course of action that you should take. A wrongful death lawyer will use his or her skills and experience to not only strengthen your case and prove your claims, but also to get you as much in the way of compensation as possible for the loss and grief that you have suffered.


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