subject: Wrongful Death Lawsuits - Frequently Asked Questions (faqs) On Legal Matters [print this page] A wrongful death lawsuit is the untimely filed following the passing of an individual as a result of the misconduct, failure to act, or another form of negligence on the part of another person or business. Below are some of the most frequently asked questions that people have about wrongful death lawsuits.
Is it the same thing as murder?
Murder is considered criminal, while wrongful death is a civil offense. There are differences in the way in which these types of cases would be tried, including the degree of proof that must be provided. If someone is being tried for murder, he must be proven guilty beyond reasonable doubt. That is not the case in a civil trial that mandates only that the guilty party was the most likely cause.
How does it differ from medical malpractice?
Although the two can overlap, medical malpractice applies specifically to medical providers conduct, whereas wrongful death does not necessarily have to occur at the hands of a trained professional.
Does it apply to a fetus?
This will depend entirely upon the state in which the situation occurred. Some states mandate that the baby be born, while other states rule that the child must have been capable of life outside the womb. There are a few, however, that are even less specific.
Who can sue?
Again, this answer will vary by state. It is best to contact a legal representative who can give you the guidelines of your state. In some states, the allowed individuals are limited to the spouse and children, while some permit grandparents and extended family to file the lawsuit. There are further regulations if the case would be brought against a third family member.
How long does the family have to file a claim?
There are time limits mandated by each state regarding the time that can pass between an injury or death and the filing of a lawsuit. This is called the statute of limitations, and for wrongful death cases can range from one to three years.
How are damages assessed?
There are several matters that are considered when determining the restitution paid to a victims family. From medical expenses and burial fees to the missed opportunity for quality of life, many items, both material and intangible, are considered and the numbers can vary significantly from case to case.
How are damages assessed for those who have not worked or were not working at the time of death?
There are many considerations that are taken into account, whether the person was a full time provider or a young child who had not yet reached working age. Either way, there will be medical bills, funeral expenses, and the potential for pain and suffering. Furthermore, if that person was enrolled in college preparing for a career, that is a consideration that is taken into account.
Are payouts affected by bankruptcy?
Even after the case has ended and the damages have been awarded, there is the concern of failure of the guilty to pay. Bankruptcy code does allow for the discharge of negligence damages, but depending on the ruling of the court, this code can be overruled in cases of severe negligence.
