A wrongful death is when someone is killed by the wrongdoing or negligence of another person. A surviving spouse or child, may be entitled to compensation for the loss of wages, pain and suffering brought on from the wrongful death.
Common wrongful death cases range from the following:
- Medical negligence or deaths caused by defective medical equipment or medical drugs.
- Automobile accidents such as defective airbags, seatbelts or vehicle-related issue.
- Assisted living/Nursing home deaths caused by neglect or medical errors from faculty staff.
- Construction site deaths
- Deaths caused by defective products or defective warning labels.
- Deaths from violence or an attack.
Each state has their own laws covering who can file a wrongful death suit on behalf of the deceased. The law typically allows the following people to file a wrongful death case:
- Children of the deceased;
- Domestic partners (registered domestic partnership);
- Financial dependents, parents, minors under the care of the deceased;
- Personal representatives
- Surviving spouses;
These people can differ from state to state but a lawyer can help you discover if you are eligible to file a case on behalf of your loved one.
Yes, there is a time limit on when family members can take legal action. This restriction is called the statute of limitations and they only allow you to file a wrongful death lawsuit within a certain amount of time. It’s important to know and understand these time limitations, as they vary from state to state and case to case. When these expire, the legal claim is no longer valid and the family cannot file a lawsuit.
- Nevada – To review Nevada Statute of Limitations, please visit Nationwide Report’s Nevada Data Report here.
- Texas – To review Texas Statute of Limitations, please visit Nationwide Report’s Texas Data Report here.
- Washington – To review Washington Statute of Limitations, please visit Nationwide Report’s Texas Data Report here.
Depending on who is filing the wrongful death claim and state, the following can potentially be recovered:
- The value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death
- A surviving spouse may recover for loss of the decedent’s companionship and for mental pain & suffering from the date of injury or death.
- Children of the decedent if there is no surviving spouse, may recover for lost parental companionship if a minor.
- Each parent of a deceased minor may recover for mental pain and suffering
- Each parent of an adult child may recover for mental pain and suffering if there are no other survived.
- Medical or funeral expenses due to the decedent’s injury or death may also be recovered by a survivor who has paid them upfront.
- Additional damages may be recovered depending on the state. To learn more, speak with a Wrongful Death lawyer in your local area or get connected with one through our Consultation Request.