Initiating A Wrongful Death Lawsuit

Wrongful death is caused when someone’s harmful or negligent behavior takes the life of someone else. A spouse, child, parent, or other dependent of the deceased can file a wrongful death lawsuit, which makes it possible for them to recover restitution and hold the at-fault party responsible for the death. Wrongful death can be caused by malicious intent or negligence. The most common ways that wrongful death happens is due to car accidents, medical malpractice, defective products, workplace accidents, and pedestrian accidents. There are many other ways that someone’s life may be wrongfully taken, but those are among the most prevalent.

When you file a lawsuit for wrongful death, you are essentially suing the at-fault party for financial compensation and damages. Your lawyer can assess your case, like a wrongful death lawyer families trust at Dave Albo, and help you determine what costs you may be able to collect. The following factors are often considered when wrongful death settlements are being awarded:

  • Pain and suffering of deceased before death
  • Loss of inheritance and financial contributions
  • Burial expenses
  • Loss of companionship
  • Burial expenses
  • Medical costs related to deceased’s illness or injury

When meeting with your lawyer, it can be helpful to obtain medical bill documentation, funeral record expenses, loss of income for the household, police report for the accident (if there is one), and anything else that feels relevant to the case.  After reviewing evidence and documentation, your lawyer can determine how much in damages the at-fault party owes you and your family. The damages are going to vary from case to case depending on the contributing factors and consequences of the accident. The only way to know for sure how much you may receive in a wrongful death lawsuit is to meet with the lawyer who can provide you with a consultation.

Before filing a lawsuit, there is some information that families must know. Firstly, a representative of the deceased must initiate the lawsuit. The family members who are able to serve as a representative will vary based on laws for that state. The court may choose to appoint a personal representative. And there is a statute of limitations for how long the family has to file legal action. Usually, a parent, spouse, or children have a few years from the time of death to file a lawsuit.

Furthermore, because of how complex and emotionally charged wrongful death cases are, it’s important to hire a lawyer who has years of professional experience in dealing with these types of cases. If you choose to pursue a case for wrongful death, the next step is to get a lawyer. Only then can the surviving family understand their options and how to move forward if they choose to seek justice from the party at-fault for their loved one’s life taken too soon.