Wrongful Death

Death caused by the negligence or misconduct of another is called wrongful death. Wrongful deaths can occur for any number of reasons, including things like car accidents, defective product accidents, and slip and fall accidents. Just because someone dies in an accident does not mean that a wrongful death has occurred, and surviving family members may not be able to pursue legal action.

While the criteria for filing a wrongful death claim vary from state to state, in general the following conditions must apply to take legal action on behalf of a loved one:

• Victim would have been legally entitled to seek a recovery of damages for the accident had he or she survived

• The decedent left behind surviving dependents or beneficiaries

• Surviving family endured financial hardship as a result of their loved one’s death

If you suspect your loved one died as a result of another person’s negligence or wrongdoing, it is important to contact an experienced wrongful death attorney. A wrongful death attorney should be familiar with the laws in your state be able to tell you if you have a claim worth pursuing or not.

Surviving family members of a person killed in a wrongful death accident may be entitled to seek damages for things like:

• Loss of inheritance

• Pain and suffering

• Medical costs associated with the accident that caused the wrongful death

• Funeral expenses

• Loss of benefits (e.g., pension, medical insurance, etc.)

• Loss of future earnings of the decedent

• Loss of consortium

These damages are meant to compensate the surviving family members for the financial hardship caused as a result of their loss. Punitive damages may be sought in some states to punish the person or party responsible for a loved one’s death; these damages go above and beyond those meant to compensate surviving family members for the financial hardship caused by the death of a loved one.

The damages surviving family members may be eligible for vary by jurisdiction. For this reason, it is a good idea to consult an experienced wrongful death attorney in your state to learn what damages you may be eligible to seek on behalf of your loved one. The time for filing a wrongful death lawsuit is limited; so, contacting a wrongful death attorney as soon as possible is important to learn what damages you may be entitled to recover under the law.