The loss of a loved one is never easy, but this situation is especially painful when you suspect that the death could have been prevented. A wrongful death case is a legal action stating that there was negligence or misconduct on the part of the person or entity being sued, and that this improper conduct entitles the victim’s survivors to monetary compensation.
Wrongful death lawsuits are most often associated with medical malpractice, car accidents, and drownings, but can also be filed in regards to defective drugs, defective products, or toxic exposure to harmful chemicals or dangerous substances. For example, a wrongful death suit could be filed after a child’s death from playing with a defective toy or a senior citizen’s death from receiving a faulty medical device.
The person filing a wrongful death suit must be related in some way to the victim. In most cases, the person filing a wrongful death suit is the spouse of the deceased. A wrongful death suit can be filed by the victim’s child, although some jurisdictions specify that the child must be under age 18 for this to be an option. Parents may file a wrongful death suit as well, although some jurisdictions require that the child be under age 18 at the time of death for this to be an option.
There are multiple factors used to determine the appropriate financial compensation in a wrongful death lawsuit. The most obvious expenses considered include hospital costs, medical expenses, and funeral costs. Non-tangible factors such as loss of companionship, mental distress, and emotional pain can be considered as well. Most states have laws that prohibit awarding punitive damages in a wrongful death lawsuit, however.
The statute of limitations for a wrongful death suit is typically between one and three years, so it is important to contact a wrongful death attorney as soon as possible if you are interested in pursuing legal action. Proving negligence or misconduct often requires extensive research, so your attorney will need to have time to properly prepare before filing the lawsuit.
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