subject: Questions about Wrongful Death by:Matthew Candelaria [print this page] What is wrongful death? What is wrongful death?
Wrongful death is untimely death caused by negligence or the direct actions of an individual or organization. A party may be held responsible for another's death if their actions or failure to act caused the death of another or injury which led to death.
What are some causes of wrongful death?
Wrongful death may be caused at any time and almost anywhere. If an individual has the ability to save another person's life and refrains from doing so, he or she may be held liable for the other person's death. More commonly, a person's direct actions cause the death of another individual. This may include:
Medical malpractice
Car or truck accidents
Negligence
Product liability
Nursing home abuse
Murder
Others
Who can seek damages for wrongful death?
Under most state laws, the surviving beneficiaries of the dead may sue for damages. This may include a surviving spouse, children, dependents, or financial beneficiaries. In most states, parents may also sue for the loss of a child. Laws regarding who may sue for wrongful death vary between states. In 2006, the Vermont Supreme Court allowed the adult sibling of a murdered man to seek damages for loss of companionship and funeral expenses. Many states require dependency to be demonstrated.
What damages can I seek for wrongful death?
The laws regarding damages vary from state to state. In most cases, plaintiffs may seek restitution for the estimated life earnings of the person who died. Pain and suffering and loss of companionship may also be sought in wrongful death cases, particularly where the plaintiff was living in the same home with the deceased.
What are my state's laws on wrongful death?
Every state has its own laws regarding wrongful death. Some causes may be considered valid in one state but not in another. The statute of limitations, relationship with the deceased, and amount awarded to the plaintiff can vary widely between one state and another. The best course of action is to consult an attorney or law firm that is familiar with the wrongful death laws in your state.
When should I seek legal counsel regarding wrongful death?
Because every case is different, and every state has different laws regarding wrongful death, it is wise to seek counsel as early as possible. Most states allow a period of time before grievances must be filed, allowing a period of mourning for those who have lost a loved one. However, every state has a statute of limitations which must be adhered to. Because it takes time for an attorney to file for a wrongful death case, it is necessary for the client to allow time for evidence and information to be gathered.
Thousands of wrongful deaths occur in the U.S. every year. However, many people simply do not pursue wrongful death claims, for a variety of reasons. The pain, suffering and loss caused by wrongful death should not be endured alone, and there is legal help available to you to get you through this traumatic time.
About the author
Please visit the website of The Cochran Firm, with experienced wrongful death attorneys and offices nationwide.
