Understand How to File a Wrongful Death Lawsuit With A Wrongful Death Lawyer
The death of a loved one due recklessness, neglect, or willful acts of another reason, entitles any aggrieved surviving family member to wrongful death compensation. The surviving member can file wrongful death lawsuits against the party involved. The lawsuit is filed in the civil court, where the number of damages the family is entitled to owing to the untimely demise of their loved one is determined. Additionally, based on the damages that the family is entitled to, a monetary compensation is determined.
For the family of the deceased to file a civil lawsuit, they must have legal grounds. These are legally supported reasons for one to make a claim. For wrongful death lawsuits, the grounds of the lawsuit need to be that the deceased lost his or her life due to the negligence or intentional actions of the accused. Another aspect of the suit is that they should be an emotional and financial impact on the surviving family. As such, the surviving family members need to establish two things, if they are to be successful in their lawsuit:
- The death of the demised was indeed caused by the recklessness, deliberate act, or negligence of the accused party and that the death of demised was not caused by their inaction or the action.
- The surviving members have to show that they have suffered measurable damages due as a consequence of their loved wrongful one’s death.
Among the most common causes of wrongful deaths lawsuits include death caused by automobile accidents, medical malpractices, work-related accidents, and any unlawful acts that occur as a crime was being committed.
1. Who Has The Right To File A Wrongful Death Lawsuit?
This is defined by state laws. However, in all states, surviving children and a spouse can file a wrongful death lawsuit. In other states, extended family members, such as siblings and grandparents can file such lawsuits. Do you have a case? Check this link.
2. Probate Is Necessary For Filing For A Wrongful Death Lawsuit
Another requirement for these kinds of lawsuits is that the surviving family members must open a probate estate, which will allow them to sue on behalf of the deceased. In cases where there are surviving children, the court may require that a guardian is appointed. The guardian will look out for the best interest of the children.
3. The Types Of Damages The Suing Party Can Collect
After establishing that the death of their loved one was caused by a wrongful act, the suing party can collect these types of damages:
- Medical bills as well as burial expenses
- Compensatory damages for the lost wages the deceased would have earned if he or she were to live their normal life expectancy
- Compensatory damages associated with the pain and suffering the surviving member endured due to the due to the absence of their demised loved one.
- Punitive damages which are meant to punish the person who caused the death of their loved one. These damages are meant to discourage such similar behavior. However, you should note that not every state has a provision for this kind of damages.
It is also to every state has a statute of limitation for this kind of lawsuit. This is the length of time that you can wait before filing a wrongful death lawsuit. If you wait too long and the statute of limitation is passed, you can no longer file such lawsuits. Therefore, if you believe that a loved one died due to negligence, deliberate acts, or recklessness, consult Corpus Christi Wrongful Death Lawyers to attain a better understanding of your legal rights and what you should do.