What They Are
Generally speaking, a wrongful death is a death caused by another's negligence, recklessness, malpractice, or inaction. A pedestrian killed by a drunk driver, a woman murdered by her ex-husband, a child struck and killed by a careless teenage motorist - these are all examples of wrongful deaths. In such cases, the families of the deceased can file wrongful death personal injury lawsuits on their loved ones' behalves. These civil lawsuits, which do not bear any criminal charges, help families recover damages for pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses. If you have lost a loved one to wrongful death, you may be eligible for damages. Attorney Andrew Thav can help you with all your wrongful death lawsuits.
Wrongful Death Lawsuit Eligibility
Immediate family members - including parents, spouses, and children, are almost always eligible to file a claim, although minors may need an adult guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.
How to File a Wrongful Death Lawsuit?
If you believe you have a valid wrongful death claim, you should first consult one of the experienced wrongful death lawyers in your area. A wrongful death attorney can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit. Hiring an attorney can also help alleviate some of the stress you may be experiencing.
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause of action, the following elements must be present:
- The death of a human being;
- Caused by another's negligence;
- The survival of family members who are suffering monetary injury as a result of the death, and;
- The appointment of a personal representative for the decedent's estate.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
- Medical malpractice that results in decedent's death;
- Automobile or airplane accident;
- Occupational exposure to hazardous conditions or substances;
- Death during a supervised activity.
Possible Compensation for Wrongful Death
You may win damages from your wrongful death lawsuit to cover the following:
- Medical and funeral costs
- Lost wages, including future earnings
- Lost benefits
- Lost inheritance
- Pain and suffering
- Mental anguish
- Loss of support or companionship
- General damages
- Punitive damages *
Some states prohibit some of the preceding damages. Talk with a Attorney Andrew Thav today to discuss your specific circumstances
*Punitive damages may not be awarded without additional evidence of malicious intent. Speak with Attorney Andrew Thav for details regarding your case.
