Everybody knows that the death of a loved one is never easy to handle. It’s more difficult to accept if it was preventable and occurred due to a person’s negligence. You cannot turn back time nor bring back your dead loved one. But you may find some peace if you hold the responsible party accountable for their actions.
Getting fair compensation for your loss is a hard and long battle. That’s why it is better if you consult with a wrongful death lawyer. This article will tell you all you need to know about what is wrongful death lawsuit. It will also tell you who can file a wrongful death lawsuit.
What is Wrongful Death Lawsuit and Who Can File It?
Wrongful death usually happens when a person dies due to another person’s negligence. This person could be a driver, a bartender who served alcohol to a drunk driver, among others. These incidents usually occur due to certain circumstances. According to reports, every year, over 90,000 deaths occur due to medical malpractice. This does not include the several other causes of wrongful death.
Is your family facing the aftermath of the death of a loved one caused by someone else’s actions? You will be able to pursue damages for your loss by filing a wrongful death lawsuit.
Keep in mind that each state has its own wrongful death statute. They have their own criteria and procedure for bringing a wrongful death lawsuit. Some agencies even have governmental immunity from prosecution for wrongful death lawsuits.
Wrongful death lawsuits usually come after a criminal trial, using similar evidence. But they’re often held to a lower standard of proof. For example, are the trials of former football star O.J. Simpson. The criminal jury found him not guilty of murder. That’s because they could not find him guilty beyond a reasonable doubt. But the civil jury found him liable for the wrongful death of two victims.
You might be wondering, what are the damages in a wrongful death claim? These damages include the following:
● Expenses for burying the dead and the funeral ceremony
● The costs of the medical treatment that the deceased victim incurred. These treatments are usually caused by the injury before death.
● The pre-death pain and suffering of the person who died. This is what they often call a “survival” claim.
● Termination of inheritance since the person died
● No more income
● Disappearance of a companion or loved one
● The good works that the deceased could have offered
So, who can file a wrongful death lawsuit? It usually depends on the state. Most of them allow a representative on behalf of the eligible survivors. These survivors are often called “real parties in interest.” The eligibility of family members often differs from state to state. But in all states, the following can act as representatives to sue the negligent party:
● Spouses
● Children
● Parents of unmarried children
Some states allow putative spouses or financial dependents to recover damages. While in other states, siblings and grandparents can bring a claim. Wrongful death claims happen due to the following:
● Intentional Killing
You can apply a wrongful death claim if the incident involves intentional killing. An example is if the defendant murders the victim. This person will face charges in a criminal case. The families of the victim can bring forth civil lawsuits against said defendant. In this case, the wrongful death case represents a civil matter. It is usually separated from the criminal case.
● Medical Malpractice
This happens when a doctor fails to diagnose the condition that caused a person to die. Or if the doctor acts in a negligent manner with the care that they provided to the victim. When the patient dies because of this carelessness, the survivors can file a claim. They can file against the doctor and other medical care providers involved. This is under established medical malpractice statutes.
● Automobile Accidents
This happens when a person dies due to an automobile accident. And if the investigators find that the person who caused the accident was negligent. A wrongful death lawsuit can apply if the driver was driving while intoxicated. These cases also include the driver not obeying traffic laws and reckless driving.
● Abuse in Group Homes
What if there was abuse in group homes for disabled adults and has proved to be true? You can also file for a wrongful death lawsuit for this case. After all, nursing homes are there to treat your loved ones with utmost care. If the group home is not well-equipped and short-staffed, this could lead to accidents. These can even lead to death.
In Florida, for example, when a nursing home resident’s death is due to negligence, you can file a lawsuit. For such cases, you will need to get the services of credible wrongful death lawyers. This way, you will be able to understand the whole scenario that you will have to face.
If you’re asking, “is there a time limit for filing a wrongful death lawsuit?” There is, but it usually depends on the state where you’re in. For example, in Florida, the state imposes a two-year statute of limitation. This means you should start the lawsuit within two years of the date of death. This is why you have to immediately consult with an experienced lawyer. Make sure to contact one as soon as you suspect negligence. If you’re too late, you will forever waive the right to pursue the lawsuit. As well as hold the at-fault party accountable.Are you looking for a “wrongful death lawyer near me“? Warner and Warner can aid you in getting the justice you deserve. Our best wrongful death lawyers have extensive legal experience. They can help you with filing a lawsuit and bring justice to your family. You can send your queries to info@warnerandwarner.com. You can also reach us at (321) 972-1889 or drop us a line here.