Wrongful Death

Although not nearly as sensational as Simpson’s trial, numerous wrongful death cases are filed in civil courts throughout the United States each year.

Simply defined, wrongful death laws provide monetary compensation to the family of an individual who died as a result of another person’s negligence, deliberate and/or malicious behavior, recklessness, unprofessional conduct, inaction, or omission.

A wrongful death claim can be filed for a number of different injuries or accidents, including:

• Automobile or airline accidents
• On-the-job exposure to dangerous conditions or materials
• Medical malpractice that causes a patient’s death
• Fatal injuries during supervised activities
• Accidental or pre-meditated murder

A successful wrongful death lawsuit is dependent on four factors that must first be identified:

1.      A human being has died;

2.      The death was caused by another individual’s negligent or reckless actions;

3.      Members of the victim’s family have experienced a monetary loss as a result of the death;

4.      A family member has been appointed as a personal representative of the victim’s estate.

Facts You Should Know:

• Wrongful death actions are civil lawsuits that do not bring any criminal charges against the defendant.
• Damages awarded in a wrongful death lawsuit become the property of the decedent’s  estate and are distributed as directed by his or her will.
• While the majority of states do not allow plaintiffs to recover punitive damages, in certain states, they may be awarded if the defendant’s behavior proves to be malicious in intent.
• Wrongful death actions can even be filed to collect compensation and damages for individuals who have not been employed outside the home.

Understanding the Law

The objective of a wrongful death claim is to compensate surviving family members for their financial and emotional losses. Consequently, the victim’s estate may receive a monetary award to cover medical bills and funeral expenses; lost wages and benefits; future earnings; mental anguish, pain, and suffering; and loss of companionship or support. Compensation will also include interest from the date of death and may include damages for any pain and suffering that the victim experienced prior to death.

Presently, there are no federal laws that address wrongful deaths. Each state, however, has its own civil wrongful death statutes, which may vary between jurisdictions.

In wrongful death cases, there are statutes of limitations that range between one and three years from the time of death, depending on the state in which the claim is filed. If, however, the death was originally considered an accident and later proven to be an act of negligence or malice, the statute of limitations may be circumvented.

Has a Member of Your Family Suffered a Wrongful Death?

There are five important steps that you must take if one of your loved ones becomes a victim of wrongful death:

1. Obtain complete contact information from all witnesses.
2. Keep accurate records of all medical and funeral expenses.
3. Make certain that a member of the victim’s family has been appointed as a representative of his or her estate.
4. If possible, take photographs at the scene of the incident.
5. Contact an attorney with experience in wrongful death lawsuits. 

Why You Need a Personal Injury Attorney

Establishing a compelling lawsuit is fundamental to receiving wrongful death compensation. In addition to his or her extensive knowledge of your state’s statute of limitations and allowance for punitive damages, an attorney with expertise in wrongful death claims can help you collect evidence, file paperwork, and ensure that your family receives just compensation for your losses.

To find a personal injury attorney in your community who specializes in wrongful death cases, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE