What You Need To Know Before Filing A Wrongful Death Action
If you've recently suffered an unexpected and tragic loss due to a car accident or any other negligent act, you might be thinking about filing a wrongful death lawsuit, but don't have the first clue where to begin, or if the death can be classified as "wrongful." Before you speak to a lawyer or put yourself through the stress of preparing for a wrongful death lawsuit, here are a few questions you might have that need to be answered:
What Exactly is a "Wrongful Death" Lawsuit?
According to Cornell University Law School, a wrongful death lawsuit is a civil lawsuit that can be filed against any person whose negligent or reckless act led to a death. If you don't speak "legal" and aren't sure if your case could be classified as a "wrongful death", here are a few common examples:
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If a doctor prescribes the wrong dosage or type of medication and this action leads to a patient's death, this could be a wrongful death case.
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Another example would be a car accident in which the driver was impaired by alcohol or was driving recklessly and their actions led to a death.
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A nursing home that neglects a patient and it leads to a death could be another example.
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Finally, if a loved one was killed at work and it was found the cause was faulty machinery or another employee's negligence, the accident could be classified as a "wrongful death."
These are only a few examples of wrongful death cases, and if you're not sure whether your case would qualify, the first step is to speak to an attorney.
Can I File a Lawsuit If I'm Not a Family Member?
The laws concerning wrongful death suits vary by state, but in most cases, you must be a family member in order to file a claim.
For example, the spouse of the deceased is often the individual who files the wrongful death case. If this isn't applicable, it's often the children or the parents of the individual who are then able to file. However, if there is no close family member available, it's often permissible for a representative of the individual's estate to file a claim.
Where Do I Start?
Finally, while your life is in chaos, the last thing you might want to think about is filing a lawsuit in addition to grieving for your loss. However, before you make any final decisions, it's vital to contact an attorney who can walk you through each step of the process.
For example, did you know that you might be entitled to several types of damages? These could include the lifetime income the deceased would have made and money for the loss of enjoyment the person could have felt in their lifetime, as well.
Once you've contacted your attorney, they will get the ball rolling as soon as possible because, in most states, there is a statute of limitations on when you can file. This means that you only have a certain number of months or years to file a claim before it's invalidated.
In addition to all your preliminary questions, there might be one that is weighing on your more than any others: Will I have to go to trial? Unfortunately, there are no guarantees your claim will be settled out-of-court and there are many factors to consider. However, you'll never know the answer to this and your countless questions unless you consult an attorney.
Facing a wrongful death lawsuit is stressful, but for many, it's a financial necessity. Don't wait and face missing the statute of limitations on your case. Instead, speak to a wrongful death attorney immediately.