WRONGFUL DEATH

Wrongful death is a lawsuit brought by a family member of the deceased victim against the person who caused the death. The idea behind a lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support.

WRONGFUL ACTS

Responsibility for a person's death can arise from any of the following actions:

• A negligent or careless act, such as drunk driving
• A reckless act
• An intentional act such as a murder

The representative allowed to bring a wrongful death suit is defined by the state. In some states, it may be only a spouse and children. In other states, grandparents or other relatives may also be allowed to bring a lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member.

Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act. Wrongful death occurs everyday and it can be a terrible tragedy for any family to face, no matter the size of the family or the age of the victim. Personal Injury cases are brought about by physical injury or mental anguish caused by actions or negligence of another party.

RECOVERABLE DAMAGES

Family members suing an individual for wrongful death usually can collect for:

• Medical and funeral expenses (all expenses directly associated with death)
• Loss of earnings (potential)
• Loss of benefits (health and medical)
• Loss of inheritance due to untimely death
• Loss of care, protection and companionship to survivors
• Punitive damages, if the conduct was intentional, malicious or egregious.

Each state has a "statute of limitations," which is the time limit when you are permitted to bring a wrongful death lawsuit. If you delay past this time period, you will be prohibited from bringing a lawsuit in court. The clock starts when the person dies and continues out for generally at least a year.

If your loved one died due to the actions of another, you should speak to a lawyer immediately to learn more about preserving your rights and remedies. A lawyer will be able to explain the value of your case and help you navigate through the complicated legal process. Most lawyers who handle wrongful death matters work on a contingency basis.