How a Wrongful Death Lawsuit Works

According to the Centers for Disease Control and Prevention (CDC), about 170,000 unintentional deaths occurred in 2017 — many of which undoubtedly resulted in wrongful death lawsuits. 

A loved one’s untimely death can be traumatic. A wrongful death attorney may be able to assist you in pursuing justice. A lawyer can discuss the incident with you and other family members, perform an investigation, and gather evidence to create a case. 

To determine who was responsible for your relative’s death, the attorney may analyze your family member’s medical records and a police report, if appropriate, interview police officers and healthcare providers, and confer with independent specialists. 

How a Wrongful Death Attorney Can Assist You 

The attorney can assess the precise economic losses related to your family member’s death, such as medical bills and burial costs, as well as the long-term financial and emotional consequences of your family member’s untimely death. The attorney can take into account the loss of future income and advantages that your relative would have supplied. 

Additionally, the attorney can evaluate the emotional anguish that you and other relatives will continue to undergo in the absence of your family member’s affection, companionship, and support. All of this information will be used by the lawyer to determine the amount of money to seek in a lawsuit. 

The wrongful death attorney will file a formal complaint or petition with the court, outlining the facts and legal basis for the wrongful death claim. Additionally, your attorney will submit a summons notifying the defendant of the impending lawsuit. The summons will specify the location of the lawsuit’s hearing. 

Your attorney will then coordinate information sharing with the defendant’s legal team. The two parties may be able to reach an agreement to avoid the time and expense of going to court. Unless and until that is accomplished, the case will continue to trial. Both sides will present evidence, and a jury will determine whether the defendant is legally responsible for your family member’s death. If this is the case, the jury can determine the amount of compensation to give you. 

Become Familiar with Your State’s Laws 

Before you may initiate a wrongful death claim, you must familiarize yourself with the applicable state statutes. On certain critical problems, state laws vary significantly. Consulting with wrongful death attorneys can be a significant help on this matter.

Individuals Who Might File a Lawsuit 

Only the victim’s spouse and children may claim wrongful death in such instances. Other relatives and unmarried romantic partners are permitted to seek compensation for the death of a loved one in several states. In some situations, a third party who is not a family member but was financially dependent on the deceased or would have been entitled to inheritance may initiate a wrongful death lawsuit. 

Specific family members are given priority in filing lawsuits under certain state legislation. Suppose a spouse, for example, fails to file a wrongful death lawsuit within a specified time limit specified by state statute, the victim’s children have a right to sue. 

Other states prohibit family members from suing for wrongful death. In those jurisdictions, an executor or personal representative is tasked with administering the deceased person’s estate. That individual or company may initiate a wrongful death lawsuit on behalf of the deceased individual’s estate and family members. Proceeds from the case may then be awarded to qualifying relatives. 

Limitation Period 

A statute of limitations is the time restriction within which an individual must file a lawsuit seeking financial compensation for losses. State statutes of limitations for wrongful death cases differ. Certain circumstances, such as a death caused by medical misconduct, may require a separate statute of limitations. If you do not bring a lawsuit before the applicable statute of limitations has run out, you may forfeit your right to compensation.

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