Important Details behind Wrongful Death Lawsuit and Claims

By: Maribel Roncales
Submitted: 2008-07-17 11:11:50
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Wrongful death may be caused by an individual, group of individuals, company or organization who has been proven negligent of their acts.

Before the enactment of the wrongful death law, the survivors of the departed victims do not have the rights to seek damages. But with the endorsement of such law, the relatives of the deceased person can now file their claims against the defendant.

Today almost all state has there own wrongful death statute. But like any other claim or lawsuit, it is subject to certain requirements. The following are the legal elements of a wrongful death lawsuit:

• The death of the person must be caused by the person being sued.

• The defendant was negligent or strictly liable.

• The surviving family members are suffering monetary damages because of the demise of their loved one.

• A personal representative was appointed for the state.

Who can sue for wrongful death?

The states law varies on who can file a legal claim for wrongful death cases. But most wrongful death laws allow either the spouse, children or parents to initiate wrongful death actions. With regard to minor children, it is necessary that they be represented by a “guardian ad litem” or a person appointed by the court to act in behalf of the minor.

In other states, they allow distant relative such as grandparents to file for legal claim. Parents can file for legal claims in behalf of their children. But in other states, there is no wrongful death unless the child is born alive and then died.

Damages that is available in Wrongful Death cases.

The damages available in wrongful death cases vary in different states. A certain damages may be available in one state but it is barred in other states.

The damages that may be available in wrongful death lawsuit are the following;

• Medical and funeral expenses connected to the death.

• Loss of the victims expected earnings between the time of the death and the expected retirement or death.

• Loss of benefits such as pension plans, medical coverage.

• Loss of inheritance

• Damages for mental anguish or pain and suffering of the survivors

• Loss of care, nurturing and companionship of the survivors

• Punitive damages

In deciding the amount of damages that can be recovered, the court take into consideration anything about the victim – his health, the way he spend his money, his earning and his character.

In some states, they allow plaintiffs to recover interest from time the damages is due up to the time they have fully collected.

Punitive damages are only awarded in special cases. It is given to punish the defendant for bad conduct. This type of damages is not always available in wrongful death lawsuit.

Statute of Limitations in Wrongful Death Lawsuit

Every state has a limit as to the time of filling a wrongful death lawsuit. The timetable may differ from one year to three years. It is important to note that if you failed to file your claim within the period, you will be barred from filling it all together.

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