Wrongful Death Lawsuit

If you lost a loved one due to the negligence or carelessness of another, you have important legal rights and may be entitled to financial compensation.  Call us today to get the facts.  Call Toll Free 1-866-777-2557 or fill out our online contact form and a lawyer will respond within 24 hours to answer your questions..

Wrongful death lawsuits are filed by the loved ones of someone who dies as the result of someone else's negligence. For example, if something is wrong with a car, and the manufacturer did not recall the car, then the manufacturer can be held responsible if someone dies as the result of that car's malfunction. Another example is a medical malpractice case wherein a doctor can be sued with on a wrongful death tort for his actions either directly or indirectly resulting in the death of one of his patients.

Wrongful death lawsuits seek damages to compensate for the survivors' loss of their loved one, such as funeral expenses or wages lost that would have otherwise been earned by the deceased had they still been alive and financially supportive. In order for a wrongful death lawsuit to be successful, the following points must be applicable:

• Someone's death, caused either by negligence or with the intent to cause harm

• Family members suffering financial damages as a result of that person's death

• A representative being appointed to the decedent's estate.

Wrongful death lawsuits are civil cases, and as such, the only relief that can be sought are monetary damages. This is different from a criminal case, where someone can be tried on charges of being directly responsible for another person's death. Wrongful death suits actually tend to follow on the heels of the related criminal case, since the same evidence can be used but with less of a bar that must be met on the proof that has to be delivered in order to show someone's guilt.

A classic example of this scenario occurred in the O.J. Simpson case. Despite Simpson being found not guilty of murder at the criminal trial, he was found to be legally responsible for the deaths of Nicole Brown Simpson and Ron Goldman at the civil trial. This is because the prosecution in the criminal case could not establish that he was guilty of murder beyond a reasonable doubt, however the civil court found in favor of the plaintiffs, as they were able to prove Simpson's liability by a preponderance of the evidence.

Every state's laws are different when it comes to wrongful death claims. In most cases, the statute of limitations varies based on how the person died. For instance, alcohol or product liability can significantly change the time limit by which a person's loved ones are required to file the case.