Losing a family can be traumatic. When you lose a family member due to the carelessness of another person or intentional conduct has caused the death, you have the right to a lawsuit. This kind of lawsuit is known as a wrongful death action. The numerous provisions relating to wrongful death lawsuits, however, a wrongful death attorney can help you.
Wrongful Death Claim
In case an omission or a wrongful act of a person causes the death of another person, he/she is liable to pay the victim’s family. In some situations, a wrongful death action might be filed for an unborn child’s death. A lawsuit filed includes the claim for the damages on account of wrongful death. Specific state’s statutory provisions govern all the aspects related to wrongful death legal action. Most of the states have wrongful death laws, however, the governing provisions differ from one state to another.
Parties Filing Wrongful Death Lawsuit
The law states that the wrongful death action might be initiated by one of the victim’s heirs. Generally, the heirs at law who have a claim for the loss include the spouse and close blood relatives like parents, children, or siblings.
In case one family member of the deceased files a wrongful death claim, the other eligible heirs might intervene in the action or join as plaintiffs. No matter whether heirs join or intervene or not, the action would benefit all the heirs who sustained the loss. Moreover, respected recoveries are allocated according to the law.
Compensation in Wrongful Death Case
In a wrongful death lawsuit, the amount of compensation might include the pecuniary as well as non-pecuniary damages. Pecuniary or economic damages include the monetary losses or costs resulting from the injury as well as the death of the person like medical, hospital, and funeral expenses. This also includes future earnings as well as retirement benefits. The economic damages can be specified in the precise dollar amount.
Just like economic damages, the non-economic damages (non-pecuniary damages) are not measurable. As per statute, the non-pecuniary damages might be recovered. However, they are limited to the mental suffering and loss of protection, care, and attention from a child, marital attention, or parental care and guidance.
Limitation for Filing Wrongful Death Action
As per law, there is a limit on the time (statute of limitations) that heirs have to file a claim for wrongful death. However, in case the statute of limitations on the personal injury claim of decedent expired at the date, the date is a limitation on the claim. In medical malpractice cases, the claim for wrongful death cannot be filed in case the decedent survived for 4 years after the occurrence of alleged malpractice.
It is advised not to make any delay as it might jeopardize the ability to recover. Once the statute of limitations expires, the court discharges the suit. In case you think you have the basis for a wrongful death claim, consult with wrongful death lawyers.
