Wrongful death claims are part of civil legal proceedings, and
vary by state. Originally, under "common law," wrongful death
claims could not be brought, because the claim was considered to
have died with the victim. However, under state laws today, the
deceased's family can bring a wrongful death claim against the
person who caused his or her death because of negligence or other
wrongful action. A wrongful death claims means suing the defendant
for money in compensation for the death of the family member
The person bringing the case to court must be the executor of
the deceased's estate. The case itself is subject to a statute of
limitations between one and three years, depending on the state in
which the claim is filed. In order to sue for wrongful death,
monetary damages must have resulted from the death of the person in
question. The defendant must have caused in whole or in part the
death of the deceased through his or her conduct. The defendant
must also have been negligent or liable for the death.
Some common types of wrongful death claims include those brought
against pharmaceutical companies and manufacturers for defective
drugs or products. Medical malpractice suits, toxic exposure or
poisoning claims and accident or injury suits may all constitute
wrongful death claims.
Compensation for wrongful death claims usually covers medical,
hospital and funeral expenses, as well as the deceased's pain and
suffering before dying. Less typically, judges may award
compensation for such issues as companionship, financial support,
emotional distress and loss of wages (all related to family
members).
Suing for wrongful death is a long and complicated process and
should not be embarked upon unless you know you have decent chances
of success. Talking to a lawyer about the possibility of suing for
wrongful death can help you determine whether or not to continue
with legal proceedings. It is also necessary to have an experienced
civil lawyer handle your case in and out of court. Wrongful death
suits represent serious and time-consuming legal proceedings and
must be handled by lawyers who can ensure your case gets the
thorough treatment it deserves.
