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A wrongful death case is filed, in the event that someone died because of the negligence of another party, to claim benefits from a personal injury accident.
The defendant owes the surviving family members of the victim monetary compensation for their loss.
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If a family member has died from a tragic accident, it is important to seek experienced legal help. Studies show that parties who retain professional legal counsel recover 3x more compensation on average than parties who attempt to represent themselves.
In the simplest terms, a wrongful death lawsuit is a civil action that states a person died as a result of another person’s negligence.
Wrongful Death Case Criteria:
Wrongful death law is different in each state. For example, states will have different rules on who is eligible to file a wrongful death lawsuit. It is important to note that the Statute of Limitations on wrongful death claims will vary by each state.
Wrongful Death Statute of Limitations Lawsuits
Statute of Limitations put a ceiling on the amount of time that an individual has to file their wrongful death lawsuit.
In general, next of kin are permitted between 1-3 years (depending on what state you’re filing in) from the time of death to file a lawsuit. If you miss your Statute of limitations filing time, your lawsuits could be barred permanently.
Generally, wrongful death damages that you can expect to recover from a successful lawsuit might include:
Funeral Expenses: the cost of providing funeral and burial services.
Medical Expenses: the cost of your loved one’s medical and emergency care prior to their passing.
Pain and Suffering: the deceased’s misery and discomfort prior to their death.
Loss of Consortium: the emotional anguish that accompanies the loss of a family member.
Lost Income: the value of the deceased’s financial contribution to the family, including the loss of income and benefits.
Retirement or Pension: an untimely death can cut or eliminate income from retirement or pension accounts.
Punitive Damages: additional charges to the responsible party for the death of your loved one.
If the negligent behavior or act is considered especially reckless, punitive damages may be applied as a means of providing your family with justice, while setting an example for the future.
Only certain family members can file a wrongful death lawsuit. Although it varies from each state, typically it is either the immediate family or whoever manages the deceased’s estate.
Wrongful Death Lawsuits Can Be Filed By:
It is always wise to consult with an experienced lawyer when you are in need of legal advice or services. Never sign any legal documents until you have consulted with a lawyer.
Don't face the insurance companies alone. We can help prevent them from underpaying on your wrongful death claim.
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About 40,000 people die in auto accidents each year in the U. S. - National Safety Council
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