Legal Guide

The most common questions asked about wrongful death lawsuits

Death is a natural part of life. However, when a loved one’s death was caused by the negligible actions of someone else, then it’s even harder to comprehend and accept.

When you and your family are faced with the injustice of having your loved one taken from you so suddenly and so needlessly, then you’re faced with all kinds of issues. Primarily, grief and coming to terms with your loss, the financial aspect of everything that’s to come, including funerals and outstanding medical bills and in many cases the need to pursue a wrongful death claim.

This kind of case is anything but straightforward, and when you’re dealing with a sensitive topic such as the death of someone you love, then it can be an incredibly difficult process.

It’s normal to have many questions over wrongful death lawsuits. Which is why we've compiled some of the most commonly asked ones here. Read on to find out more.

Who is eligible to sue for a wrongful death claim?

Filing a wrongful death claim is something that is done on the victim’s behalf. And this is only ever done by those who are/have been financially impacted by the death of their loved one. This claim is usually filed by the family of the deceased, which usually implies partners, children and parents. Other family members such as siblings and grandparents can also file.

Is there a limited time for me to file?

Like most civil cases, the statute of limitations is against you. This is a legal boundary that means your claim will be classed as invalid after a certain amount of time has passed since the death. It varies from state to state and can range from just a few months to several years. In all cases, it's always a good idea to file as soon as possible.

What kind of damages are awarded?

Again, this can vary from state to state. Although some damages are recognised in all cases. This includes damages for funerals, and the loss of income the family is now facing after the death in question. You may also be able to recover pain and suffering that the deceased experienced before they passed away.

What should I do next?

If you believe your loved one died as a direct result of the negligible actions of someone else, then you should reach out to a lawyer as soon as possible.


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