Posted on behalf of Stephens, Anderson & Cummings on Sep 08, 2015 in Wrongful Death
When a loved one dies as a result of a personal injury, family members may question if a wrongful death lawsuit could be filed. Wrongful death claims are a type of personal injury lawsuit, and each state has their own rules that govern these cases. Those considering filing a wrongful death claim often have questions; below are answers to some of the most common ones.
What is wrongful death?
Wrongful death is a legal term used to describe someones death that has been caused by the wrongdoing, intentional actions, or negligence of another person. Since the deceased person cannot file their own wrongful death lawsuit, family members are permitted to. Dependents, spouses, children, parents, or other family may file the claim.
Are murder and wrongful death one in the same?
Murder and wrongful death are not the same. Murder is a criminal offense, while wrongful death is a civil claim. Murder cases are prosecuted in criminal courts, with defendants facing severe legal penalties. Wrongful death cases are tried in civil court. When the responsible party may not be prosecuted legally for the death of another, a wrongful death claim can still be filed. Wrongful death claims order monetary compensation to be paid to the plaintiffs; the defendant will not face jail time.
What are wrongful death lawsuit damages?
A wrongful death lawsuit seeks compensation for damages caused by the at-fault party. A judge can order the defendant to pay damages for many reasons, economic and otherwise. Common damages sought in wrongful death lawsuits include loss of income, loss of financial support, loss of companionship, loss of consortium, and pain and suffering. Some of these types of damages may only be awarded to a spouse or dependents of the deceased.
How are wrongful death lawsuits won?
The circumstances surrounding every wrongful death case are different. Cases must be filed in accordance with state laws, following specific procedural and substantive rules.
Our experienced team of attorneys can help you get the justice and compensation you deserve after a wrongful death.
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