December 12, 2020
When you’re in a situation in which your loved one died as a result of another’s actions, you may be beside yourself. What do you do? Where do you turn? Who can you trust? It’s not a situation you would have ever imagined yourself in, but there is something you can do about it, even if you can’t get your loved one back.
A wrongful death lawsuit is something you can file to seek compensation from the individual or entity who caused the death. The following are some questions you may want to be answered if you’re considering a wrongful death claim.
- What Is a Wrongful Death Claim?
A wrongful death claim is what the plaintiff (you) files against the defendant (the person who caused the death). The file will contain the reason for the claim, the evidence to back it up, and the damages you seek. A wrongful death claim could arise out of a fatal car accident, product liability, medical malpractice, or domestic abuse.
- Who Can File a Wrongful Death Lawsuit?
After someone wrongfully dies, there is an order of people who can file the wrongful death lawsuit. In some states, a personal representative is the only individual able to file the lawsuit, and the settlement money would go straight into the estate. In other states, immediate family members can file the lawsuit, including a spouse or children. Parents and siblings might also be able to file the lawsuit, depending on the relationship status of the deceased. Talking with a wrongful death lawyer will help you understand the laws in your state.
- What Damages Can Be Sought?
Every wrongful death situation is different and will allow for different damages to be sought. If your loved one was receiving medical care between the injury that caused the death and the time of the actual death, you may be able to seek medical expenses. If you depended on the deceased’s income to care for your family, you could seek lost wages. Funeral and burial expenses, pain and suffering, loss of consortium, and a variety of other emotional damages could also be sought.
- Who Can Be Sued for Wrongful Death?
Any person or entity who causes someone’s death can typically be sued for wrongful death. There are not many who are exempt. People and entities to be sued include drivers in a car accident, product manufacturers, property owners, truck owners, government agencies, and a wide range of others.
Getting Your Lawyer’s Assistance
To get the help you need when dealing with a wrongful death, you may want to speak with a legal professional, like a wrongful death lawyer from a law firm like Johnston Martineau, LLP. Contacting a wrongful death lawyer today for assistance will help you understand and guide you through the process of making a wrongful death claim.