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Generally speaking, a wrongful death is a death caused by another's negligence, recklessness, malpractice, or inaction. A pedestrian killed by a drunk driver, a woman murdered by her ex-husband, a child struck and killed by a careless teenage motorist - these are all examples of wrongful deaths. In such cases, the families of the deceased can file wrongful death personal injury lawsuits on their loved ones' behalves. These civil lawsuits, which do not bear any criminal charges, help families recover damages for pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses. If you have lost a loved one to wrongful death, you may be eligible for damages. One of our national wrongful death and personal injury lawyers may be able to help you build your case.
Wrongful Death Lawsuit Eligibility
Immediate family members - including parents, spouses, and children, are almost always eligible to file a claim, although minors may need an adult guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.
A personal injury lawyer specializing in wrongful death can help you and your relative understand the laws in your particular state.
Contact one of the personal injury and wrongful death lawyers in your area today.
How to File a Wrongful Death Lawsuit?
If you believe you have a valid wrongful death claim, you should first consult one of the experienced wrongful death lawyers in your area. A wrongful death attorney can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit. Hiring an attorney can also help alleviate some of the stress you may be experiencing.
Find a personal injury lawyer specializing in wrongful death in your area.
Possible Compensation for Wrongful Death
You may win damages from your wrongful death lawsuit to cover the following:
- Medical and funeral costs
- Lost wages, including future earnings
- Lost benefits
- Lost inheritance
- Pain and suffering
- Mental anguish
- Loss of support or companionship
- General damages
- Punitive damages *
Some states prohibit some of the preceding damages. Talk with a personal injury specializing in wrongful death today to discuss your specific circumstances
*Punitive damages may not be awarded without additional evidence of malicious intent. Speak with a personal injury attorney for details regarding your case.
Statutes of Limitations for Wrongful Death Lawsuits
Every wrongful death lawsuit is subject to a statute of limitation s. Statutes of limitations cap the amount of time that a person who has lost a loved one to wrongful death has to initiate a lawsuit. Generally, family members are allowed between one and three years (depending on the state) from the time of death to file a claim. If they fail to observe the statutes of limitations, their claims may be barred forever.
Keep in mind, though, that there are exceptions. For example, if the death was originally deemed an accident rather than the result of someone else's negligence or malice, the statute of limitations will be adjusted so that it takes effect when the true cause was discovered rather than at the time of death.
A personal injury attorney specializing in wrongful death can explain the statutes of limitations as they person to your case.
Contact one of the wrongful death and person injury lawyers in your area to discuss your particular circumstances.
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