Law Library Articles
Top 10 Wrongful Death Law Articles
One day as you are walking across the street, a car speeds out of nowhere and slams straight into you, causing you to perish immediately on the spot. At this point you might be feeling a little ticked off and perhaps a bit angry at the driver. Unfortunately, there is now nothing you can do about it.
Luckily, your family can avenge you and even get some money to pay for your funeral through a wrongful death suit. Wrongful death suits can be filed by the immediate family of someone who has been killed due to the negligent, careless, or intentional acts of others. As a starting point for people dealing with a wrongful death, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Wrongful Death Law.
The family of someone who died due to the wrongful actions of another can bring a lawsuit against that person. This means that a wrongful death lawsuit can be brought not only against individuals, but against corporations, the government, and other organizations, basically anyone or anything at fault.
It is recommended that you consult with a lawyer on a wrongful death suit as quickly as possible after the death of a family member because different states have different statues of limitations.
Many states have a deadline of two years from the time of the death to bring a lawsuit against the party whose wrongful actions caused the death. Additionally, in order to successfully win a wrongful death lawsuit, there are several elements that must be proven.
Wrongful death lawsuits usually can only be filed by the immediate family of the deceased. However, there might be an exception for others who had a close personal relationship with the deceased.
If a family wins a wrongful death lawsuit they can recover everything from lost wages, to funeral and medical expenses, to punitive damages. Each state has its own tables for calculating damages; as such your recovery might depend on what state you are in.
If a wrongful death suit has been brought against you, there are several defenses available. Generally, almost all the defenses that would be applicable in a personal injury suit can be used in a wrongful death suit.
Some states allow the parents to recover for the death of an unborn child. However, a majority of states require that the child actually be born before a parent can recover.
If a family member has died due to the careless or negligent actions of a bus driver or other operators of public transportation, it is possible for the surviving family members to bring a lawsuit against the government.
Loss of companionship and consortium is a common recovery in wrongful death cases. However, depending on the state, your recovery for the pain associated with the death of a family member might be limited.
If a family member has been involved in a fatal car accident that has been caused through the wrongful actions of another, you might be able to recover in a wrongful death suit. It is important to consult with a lawyer to determine your options in such a case.