IF MY LOVED ONE DIED, CAN I FILE A CLAIM AGAINST THE PARTY AT-FAULT?
Unfortunately, some accidents and injuries lead to death. When a person dies due to the negligent or careless action of another person, their family members are eligible to file a wrongful death claim on behalf of the decedent.
Situations Wherein Wrongful Death Claim is Feasible
When a victim dies due to medical malpractice: If a medical practitioner fails to diagnose a medical condition or a nurse is careless in the level of care provided by her, wrongful death lawsuits can be filed against the wrongdoer.
Car collision due to negligence: If a victim dies due to reckless driving and car collision injuries, a wrongful death claim may be filed.
These are just a few examples of wrongful death cases. Those permitted to file this kind of a lawsuit may vary from state to state. The chosen beneficiaries include:
- Immediate family members such as spouse, children, adopted children, and parents of unmarried children
- Financially dependent partners
- Domestic or life partners
- Parents of minors
Damages You May Recover in Wrongful Death Cases
- Funeral expenses
- Loss of expected income
- Loss of love
- Loss of consortium
- Medical costs incurred by deceased prior to death
- Loss of any inheritance
If your family member has died due to negligence, you have all the grounds to file a wrongful death lawsuit. Again, the laws related to wrongful death may vary from state to state. Therefore, it’s important to know specific state laws and familiarize yourself with your specific rights and remedies. Seeking the assistance of a trained legal representative is equally important.
Timeline for Filing Wrongful Death Lawsuit
Each state has its own statute of limitations. The length of time may vary but no state has a deadline that is shorter than a year. Precisely, if you wait too long to file a wrongful death lawsuit, you may lose the right to legal remedy for the death of the decedent.