What Exactly Is A Wrongful Death Lawsuit?

March 30, 2023 | Uncategorized | By Personal Injury Legal Directory | 0 Comments

Wrongful Death Lawyer

There are fewer things more tragic than the untimely death of a loved one. When that death is caused by the negligence or recklessness of another party or parties, this tragedy can be overwhelming. The grief and trauma can leave the victim’s family struggling to move on. But there can also be the financial difficulties they are suddenly faced with, especially if the victim was the primary breadwinner of the family or they were the primary caretaker of small children while the other spouse worked.

The financial and emotional losses the family suffers can be recovered in a wrongful death lawsuit. Although no amount of money will ever replace your loved one, in many cases, a wrongful death lawsuit is the only legal action that is actually taken, especially in situations where the at-fault party’s negligence did not actually break any criminal laws. Even if they have been charged with a crime, you can still pursue a wrongful death lawsuit. These two actions are totally separate legal actions.

The following is a brief overview of a wrongful death lawsuit. For more detailed information, contact a wrongful death lawyer.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action that is filed in the civil court that has jurisdiction over where the accident that killed the victim occurred. A lawsuit can be filed if the victim died as a result of the alleged at-fault party’s negligence, recklessness, or intentional act. In order to succeed, the party who filed the lawsuit must prove that if not for the acts of the at-fault party, the victim would never have died.

Every state sets its own laws regarding who can file a wrongful death lawsuit, but generally, the following are those parties that are usually entitled to file. A wrongful death lawyer can determine who is able to in your situation:

  • The victim’s spouse
  • The victim’s children
  • The victim’s parents
  • A person who was financially dependent on the victim
  • A representative of the victim’s estate

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

There are two types of damages that can be pursued in a wrongful death lawsuit – economic and non-economic. Economic damages are those that have an actual dollar value attached to them. Some of the most common economic damages include life-saving medical expenses if the victim survived their injuries for some time before they died, funeral and burial expenses, and the loss of the victim’s future income and benefits provided to the family.

Non-economic damages are those that are not tangible. There is no actual dollar value, however, the only way the family can be compensated is financially. A death lawyer has several different formulas they can use in order to determine that value. These types of damages include the pain and suffering of both the victim before they died and the suffering of the family for the loss of their loved one. There is also the emotional trauma and anguish, as well as the loss of the victim’s love and guidance.

Thanks to our friends at Wandres Law, P.C. for their insight into wrongful death lawsuits.