Wrongful Death

What is wrongful death?  To put it simply, it is when someone dies as a result of another person’s negligence.  These types of cases are usually brought as civil cases, rather than criminal, and most often by the family of the victim.  There are certain elements that must be proven in order for a wrongful death claim to be successful.

• The death was the result of the defendant’s actions
• The defendant is at fault for the death
• The death caused a financial loss
• There is at least one person that is able to collect damages on behalf of the deceased

Not everyone can sue for wrongful death.

It is important to know that not everyone is entitled to sue for wrongful death.  Typically each state has statutes which determine who is eligible to file a wrongful death lawsuit.  For the most part, the decedent’s next of kin or surviving spouse is allowed to file suit.  Additionally, children may sue on behalf of their deceased parents and vice versa.  The statutes in each state should be checked prior to filing suit, however, to be sure.

Know the limitations.

Some states impose limitations on the amount of damages that can be collected in a wrongful death suit.  It ultimately depends on in which state the lawsuit is being filed.

The best way to determine if you are entitled to sue for the wrongful death of a loved one is to meet with an medical attorney that specializes in that particular field.  He or she will be able to explain the laws and what your options are, and represent you should your case go to trial.