What is a Wrongful Death Lawsuit?A wrongful death lawsuit is a legal action that can be taken by the family of a person who has died as the result of another party’s negligence or intentional act. The suit can be used to seek compensation for medical expenses, funeral and burial costs, pain and suffering, and loss of consortium (loss of companionship).
Who Can File a Wrongful Death Suit?Only certain people are allowed to file a wrongful death lawsuit. In most states, the following people are typically able to bring a claim:
- The deceased person’s spouse or domestic partner
- The deceased person’s children
- The deceased person’s parents
What Must Be Proven in a Wrongful Death Suit?In order to win a wrongful death lawsuit, the plaintiff must prove that the defendant’s action (or inaction) caused the death of the plaintiff’s loved one. This can be difficult to do, as it requires showing that the defendant was negligent or acted intentionally.
How Much Can I Get in a Wrongful Death Suit?The amount of money that a plaintiff can receive in a wrongful death suit varies depending on the state and on the facts of the case. However, most plaintiffs receive compensation for medical expenses, funeral and burial costs, pain and suffering, and loss of consortium.
How to Know When Filing a Wrongful Death Suit is NecessaryThe decision to file a wrongful death lawsuit is not one to be taken lightly. However, there are some situations in which it is the best course of action. The following are some signs that you may need to speak with a lawyer about filing a wrongful death suit:
- The person who died was killed as the result of another person’s negligence or intentional act
- The person who died had a loved one who depended on them for support, such as a spouse, child, or parent
- The person who died did not have any other family members who could file a lawsuit on their behalf
- The person who caused the death is not willing to offer compensation to the family voluntarily
- The family needs money to pay for medical expenses, funeral and burial costs, or other damages related to the death
How The Mellor Law Firm Can HelpIf you have lost a loved one and think that filing a wrongful death lawsuit may be the best course of action, it is important to speak with a lawyer. They can help you assess your case and determine if filing a suit is the right thing for you to do.
The lawyers at The Mellor Law Firm have years of experience helping families get the compensation they deserve after a wrongful death. Contact us today for a free consultation.