When someone's negligence or intentional actions cause the death of your loved one, you can bring a wrongful death claim against that person. A wrongful death lawsuit is filed by a deceased's representative. The family members of the deceased hire a wrongful death lawyer to file a wrongful death claim in the following situations:
When the victim dies due to someone's intentional actions
When the victim dies due to medical malpractice.
When the victim dies in a car accident due to negligence.
You can file a wrongful death claim if you are a representative of the deceased's estate. You will file this claim on behalf of survivors having a relationship with the deceased. Keep in mind that different states have different wrongful death laws.
Spouses in all states can file a wrongful death lawsuit. If a child is killed due to someone's intentional actions or negligence, parents can file a wrongful death lawsuit. And, if parents are killed, minors can get compensation.
However, states have different laws regarding:
Parents have the right to file a wrongful death lawsuit after the death of an adult child.
An adult child can bring a wrongful death claim after the death of a parent.
Grown siblings can bring a wrongful death claim.
Grandparents, cousins, uncles, aunts or other extended relatives can take this action.
When a relationship becomes more distant, it becomes harder to file a wrongful death case.
Some states allow a romantic partner to bring this claim after the death of the partner even when they were not married. The person bringing this claim should be financially dependent on the deceased.
Damages in a wrongful death lawsuit include:
Pain and suffering before death
Cost of medical treatment for injuries before death.
Cost of funeral
Expected income loss
Loss of inheritance
Loss of consortium
Loss of companionship
Loss of guidance and care the deceased was providing before death
To bring a wrongful death claim, you need to hire a wrongful death lawyer. Consider the following when looking for a lawyer:
Check the experience of the lawyer and consider the kind of wrongful death lawsuits the lawyer has handled. For example, if the deceased died while working at a construction site, the lawyer must be aware of laws related to construction.
Find a lawyer who can give undivided attention to your case.
Check online reviews.
Many times bar associations take disciplinary actions against lawyers. Make sure that no such action is taken against the lawyer you want to hire.