If a person dies because of the conduct of another person(s) or company, the family can file a wrongful death lawsuit against the people or company responsible for the death.
The death can be either intentional or unintentional in nature. For example, if the person who died was hit in the head or other part of the body during a fight or an accident, and that person died as a result of that injury, it would be an intentional act that caused the death. If the death occurred as a result of a
car accident,
truck accident, or
motorcycle accident, that would be unintentional.
Wrongful death laws do not apply to an unborn child. According to the law, the baby does not have any legal status. However, if the child was born alive and died due to an injury that happened before it was born, or during delivery as a result of a
birth injury, it may be possible to file a
wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit?
Generally the spouse and children can file a wrongful death lawsuit, but laws vary from state to state. Some states will allow distant relatives such as grandparents to file a wrongful death lawsuit.
There is also a certain amount of time a person has to file a wrongful death suit. This is called the statute of limitations and it varies from state to state. Once the time limit has passed the family cannot file a wrongful death suit.
What are the Damages in a Wrongful Death Lawsuit?
Each state has different laws as to the amount of money that can be awarded in a wrongful death case. Compensatory damages could allow you to be reimbursed for all the medical expenses and funeral expenses, as well as financial support the family would have gotten had the person who died lived. In some cases compensatory damages will be awarded to compensate you for your grief, loss of companionship, etc. In some states punitive damages are allowed. Punitive damages are designed to punish the person who caused the death.
Some states limit the amount of damages you can be awarded in a wrongful death case. So it is important to hire a reputable attorney who understands wrongful death laws and can fight in court to get you all the money you and your family deserves.