When it comes to holding employers and other responsible parties accountable for injuries and illnesses in the workplace, personal injury compensation or workers’ compensation tend to be the most common paths. However, when the incident leads to not just injury but death, then the family might still seek legal action. After all, they may have medical bills as well as funeral expenses that they suddenly have to cover, and they might want to make sure justice is done and the right people are held to account. This is where a wrongful death lawsuit can come in.
What Is A Wrongful Death Lawsuit?
Wrongful death lawsuits are civil claims brought by surviving family members or a representative of the deceased person’s estate when someone dies due to the negligence, recklessness, or intentional misconduct of another party. It typically seeks financial compensation for the losses suffered by the family as a result of the death, be it due to car accidents, workplace accidents, defective products, or otherwise.
Who Can File One?
Eligibility depends largely on the state, but typically, immediate family members are given priority, though it can also apply to spouses, children, or parents of the deceased. Some states also allow personal representatives of the state to bring the claim forward on behalf of the surviving beneficiaries. The rules generally make it so that those who are most directly affected by the loss can seek compensation, rather than distant relatives.
What Must Be Proven?
Success in a wrongful death lawsuit often depends on being able to prove another party’s negligence, recklessness, or wrongful conduct. A party must have owed a duty of care and breached that duty in a way that directly contributed to the fatal injury or illness. As such, evidence like medical records, accident reports, witness testimony, and employment records can be crucial in proving a case. For instance, mesothelioma claims are typically a lot more successful when you’re able to demonstrate that the disease was exposed to asbestos-containing products and then diagnosed with the condition. These cases can be complex because exposure often occurred decades before diagnosis, so working with a lawyer well in advance of making the claim is recommended.
What Types Of Damages Can You Recover?
Wrongful death claims often provide compensation for both economic and non-economic losses. This can include medical expenses, funeral and burial costs, lost income and benefits, as well as the financial support the deceased would have provided had they lived. It can also include damages for loss of companionship, emotional suffering, and other non-financial impacts. Some states may even allow punitive damages in cases involving excessive recklessness or intentional harm.
Is There A Time Limit?
Depending on your state, there may be an applicable statute of limitations, with deadlines for filing lawsuits. Missing those deadlines can bar you from seeking recovery. Filing periods typically begin on the date of death, but can be affected by other circumstances, so it’s important ot do your research and seek advice as soon as you can.
Wrongful death laws vary by state, so it’s important to take your more detailed questions directly to attorneys so you can figure out what your next option is.
