When Can You Bring a Wrongful Death Claim?

If someone you love dies at the hand of another person, you may have a claim for wrongful death.  Wrongful death claims are based upon the negligent actions of another person.

What is a Wrongful Death Claim?

A wrongful death claim is a type of a personal injury lawsuit based upon a fact pattern where one seeks to obtain damages for another person's death.  The lawsuit is usually filed by a family member of the decedent, such as the spouse, parent of child of the person who has died.  The case can be based upon an underlying criminal matter, such as murder, or the matter could be based upon negligence, such as medical malpractice, products liability or other matters.  When the case is based upon negligence, the plaintiff typically alleges that the defendant caused the decedent's death through negligent, careless actions.

When a Wrongful Death Case Can Be Filed

Wrongful death cases can be filed when a person seeks to obtain damages under the state law as a civil action.  A wrongful death case must be filed within a certain time period, known as the "statute of limitations."  The particular statute of limitations is based upon the state law where the case is to be filed and every state is different; therefore, it is crucial to consult with the legal requirements of the state in which one seeks to file a wrongful death case.

Elements of a Wrongful Death Case

While every state law contains specific elements unique to that state, the following represents the basic elements that must be proven in a wrongful death case:

• the defendant's conduct was negligent
• the individual who died left family, such as a spouse, parents, children, etc.
• as a result of the death, there exists a financial loss, an emotional loss, heartache, grief, etc.
• the death was caused by the acts of the defendant

Damages in a Wrongful Death Case

There are various types of damages one may be able to recover in a wrongful death action. These vary by state, but may include the following:

• punitive damages (designed to punish a defendant)
• compensatory damages (designed to compensate the plaintiff)
• pain and suffering
• lost wages
• medical expenses
• loss of financial support in the future
• loss of care, comfort, support and love

Getting Legal Help

If one has lost a loved one due to another's actions, one may seek to retain the services of an experienced wrongful death attorney. An experienced attorney can review one's case in order to analyze the facts and determine what course of action to take next.