Wrongful Death Lawsuit FAQS

Wrongful death lawsuits involve the death of an individual as the result of a wrongful act by another party. Wrongful acts may include a negligent, careless, reckless, or intentional act on the part of another. Examples of such events may range from an auto accident in which someone drove carelessly to a case where someone was murdered. Below are some of the most frequently asked questions about wrongful death lawsuits.

Who may sue in a wrongful death lawsuit?

State law defines who has legal standing to file a wrongful death lawsuit. Nearly every state has a wrongful death statute, which allows a relative or designated person to sue on behalf of someone who died because of a wrongful act committed by another. In some states, the spouse and children may have legal standing, and in others, it may include a parent or grandparent. An attorney can advise you regarding who has the right to sue in your state.

How is the amount of damages determined in a wrongful death lawsuit?

There is no fixed dollar amount for compensation in a wrongful death claim as damages depend largely on the facts of each case. Generally, survivors can sue for any medical bills associated with the care of the injured person prior to their death and for funeral costs. Survivors also have the right to ask for damages to offset lost benefits, lost support, pain and suffering, and other damages. The court looks at several factors when determining a monetary award for surviving family members.

What is the statute of limitations in a wrongful death lawsuit?

The statute of limitations in a wrongful death lawsuit varies by state law. Contact an attorney to find out what the statute of limitations is in your state. Generally, the clock starts ticking at the time the accident or injury occurred, so time is of the essence.