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Dealing with the loss of a loved one is one of the most heart-wrenching experiences for anyone; especially if the death was unexpected and due to intentional act or negligence of another. It is important to know that Wrongful Death is a civil action, separate from any possible criminal charges. This means that even if a criminal defendant is acquitted of a murder or manslaughter charge, he or she may still be liable for Wrongful Death.
A Wrongful Death Lawsuit may be brought for either an intentional or unintentional act that caused the death of another. For instance, a simple punch to the face of a person, which results in death, is construed as an intentional act, even if the culprit did not intend to kill. Wrongful Death suits can also stem from various types of accidents or medical malpractice or excessive force used by law enforcement. While suing the wrongdoers for their acts and omissions may not seem like a priority for the bereaved, who lost a loved one, it is important that they call a Capable, Credible and Compassionate Chosen Wrongful Death Lawyer, so they know their rights and responsibilities, right away. Clearly, death of a loved one is an emotional trauma, which can linger a lifetime. It may also cause gargantuan financial hardship for the family of the decedent. Wrongful Death claims are designed by Tort Laws to help the families get the help they need to move on with their lives. It is important to note that Wrongful Death cases also have a Time Limit to file civil claims. Generally, the decedent’s eligible family members have about two years to file their claims. However, in cases involving the police or government health care system, the time limit could be as little as 6 months. If you’ve lost a loved one due to carelessness and unlawful acts of others, click or call Chosen lawyers, and obtain Full and Fair Justice, Now!
WHO IS ENTITLED TO FILE A WRONGFUL DEATH LAWSUIT?
The individuals entitled to sue vary from state to state. Initially, the Wrongful Death Tort was created to provide financial support for widows and orphans of a victim. Today, however, most statutes permit a surviving spouse, next of kin, children or even a separated surviving spouse to bring an action for recovery. Moreover, parents may sue for the wrongful death of their children. In some states, only minor children are allowed to sue for the death of a parent. Similarly, some state statutes preclude a parent from recovering for the death of an adult child who is financially independent or married.
COMPENSATION FOR WRONGFUL DEATH
All states allow recovery of money. The factors that courts consider to determine the amount include:
- The income of the deceased
- Loss of companionship
- Loss of guidance and mentorship of children
- The degree to which survivors were financially dependent on the deceased
- Expenses incurred by survivors for medical and funeral costs, etc.
While no amount of money can ever compensate for the death of a loved one, being financially secure in your future and bringing the wrongdoer/s to justice can provide a sense of closure. Furthermore, making transgressors pay would, hopefully, deter them from more wrongdoings in the future. As mentioned above, Wrongful Death laws are widely different in each state and highly complex. Moreover, during the grieving period, consideration of a wrongful death lawsuit can easily slip your mind. However, please remember that the time period, which you are allowed to file a wrongful death lawsuit is limited. If you do not file within a specific time period, the Statute of Limitation could, forever, bar your right to compensation. It is equally important that you retain a highly Capable, Credible and Compassionate Chosen Wrongful Death Lawyer to help you obtain Justice. For a FREE and CONFIDENTIAL Case Evaluation, please click or call Chosen Lawyers, and let us obtain a Full and Fair Settlement for You!
motor vehicle crash deaths by type
This pie chart represents the reported victims of total car accidents in 2022.
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