Surviving family members have a right to a wrongful death lawsuit

What is wrongful death? Generally it's considered to be a death caused by the negligence, recklessness, inaction or malpractice of another person or persons. For example, a driver or pedestrian who is killed by a drunk driver has suffered a wrongful death. Or if a person has died in a nursing home due to neglect, that is a wrongful death. In any wrongful death, the relatives or family members who survive the deceased person can file a wrongful death lawsuit on their behalf.

Such lawsuits are civil cases and do not involve criminal charges. But they do involve claims to help surviving family members recover financially for mental anguish, medical bills, pain and suffering, lost wages, loss of companionship and other costs. 

Those who are eligible to file such claims include spouses, parents and children. Minors may need an adult guardian to represent them in such a legal matter. Also, laws vary from state to state pertaining to which persons may file a claim in a wrongful death lawsuit.

The legal complexities of a wrongful death lawsuit demand that you contact an experienced wrongful death lawyer or wrongful death attorney to represent you after a family member has suffered a wrongful death. Such a wrongful death lawyer or attorney can fight to claim financial compensation to cover funeral costs, medical bills, lost inheritance, lost benefits, loss of support, mental anguish, general damages and punitive damages.

Punitive damages are awarded when a wrongful death has occurred due to serious or malicious wrong-doing. Such damages are assessed not only in order to punish those who are responsible, but  also to deter others from committing comparable malicious acts.

Which damages can be claimed will depend on laws of the individual state. Also, each state has its own statute of limitations on wrongful death lawsuits. These often range from one to three years after the death. So each state, in effect, is its own special case when it comes to wrongful death. That's why it is vital to notify a skilled wrongful death lawyer for your state to launch the process of holding accountable those whose negligence led to your family member's wrongful death.

When wrongful death damages are awarded, such damages belong to the estate of the deceased person and are dispensed according to the deceased person's will, or by state law if no will exists. In any event, a knowledgeable wrongful death attorney is key to claiming full and fair financial compensation for a family member's wrongful death.