A wrongful death lawsuit falls under the area of law known as tort law. A “tort” is defined as an action or inaction (commonly referred to as negligence) that causes injury to another party. Tort law covers a wide range of personal injury statutes, including wrongful death lawsuits. Wrongful death lawsuits are possible when a person has died as a result of an injury caused by the actions or negligence of another party.
Historically, it was judged that if a person died as a result of an injury, the right to a lawsuit died with them. In recognizing that a decedent’s beneficiaries and dependants bear the burden of losses incurred in a wrongful death case, the courts began to establish ‘survival statutes’ which allowed survivors in a wrongful death lawsuit to recover the damages that were suffered as a result.
Recover Damages
A wrongful death lawsuit is a civil suit that is brought against the party responsible for the decedent’s death in order to recover damages associated with his or her injuries and death. The dependants or beneficiaries of a decedent are eligible to file a wrongful death lawsuit on behalf of the deceased. In a wrongful death lawsuit, these survivors are eligible to seek restitution for the medical expenses related to the injury and death in question, the loss of income caused by the injury and future loss of income, and compensation for pain and suffering.
Wrongful death lawsuits can be filed when a person is killed because of work-related injuries, defective drugs or products, dog bite injuries, nursing home abuses, medical malpractice, automobile accidents, exposure to toxic or dangerous materials, and a number of other personal injury situations.
Eligibility
Eligibility for a wrongful death lawsuit is best determined by a professional personal injury lawyer who can evaluate your case to discover your options in a lawsuit. Each state has its own laws that govern wrongful death lawsuits; therefore it is important to secure the services of a legal professional who has intimate knowledge of the laws in your area.
Statutes of Limitation
Most states have statutes of limitation place restrictions on the time within which a person can file a wrongful death lawsuit. This period of time generally begins when the injury or death occurred. If there were circumstances that prevented knowledge of wrongful death, it is possible that the time in a statute of limitations will begin at the time of discovery.
If you feel that you may be eligible to file a wrongful death lawsuit, you may wish to speak to a qualified and experienced wrongful death attorney who can advise you of your legal rights and options in a wrongful death case. A competent attorney can protect and maximize your legal interests in a wrongful death lawsuit. This legal professional will work to ensure that you are sufficiently compensated for the losses that were suffered in a wrongful death lawsuit case, including reparations for pain and suffering.