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Wrongful death law extends legal rights and protections to the beneficiaries and dependents of victims who have died as a result of another party’s negligence, intentional actions, or strict liability. Wrongful death law falls under the broad category of law known as tort, or personal injury, law. Personal injury law protects the legal interests of those parties who have suffered damages that are generally physical in nature but may also relate to property damage.
There are several types of legal cases that are covered under personal injury and wrongful death law. Though this list is not all inclusive, some of the major types of wrongful death law cases include: slip and fall (premise) injury, car or other vehicle accidents, nursing home abuse, medical malpractice, work related injury, defective drug injury, dog bite injury, exposure to toxic materials, and defective product injuries.
A wrongful death lawsuit alleges that the decedent was killed as a result of another party’s negligence or other liability. To be successful, the plaintiff(s) - the dependants and beneficiaries- in a wrongful death lawsuit must prove that the decedent’s death was caused (in whole or part) by the conduct of the defendant who is liable for all damages related to the victim’s death.
When the judgment in a wrongful death law case favors the plaintiff, they can be eligible to receive compensation for all losses related to the victim’s death. These compensatory damages may include, but are not limited to: medical expenses, loss of income or earning potential, and psychological pain and suffering. When the causes of a victim’s wrongful death were malicious or grossly negligent, wrongful death law provides that punitive damages might be sought. Punitive damages are awarded under wrongful death law to punish the offender and deter others from similar conduct.
Every state has their own wrongful death law or set of laws which governs these civil personal injury cases. In certain cases, there are federal laws which govern wrongful death law cases such as work related railroad employee deaths and the like. Each state creates their own wrongful death laws that outline: who is eligible to file wrongful death claims, the elements of a case that must be proved, what compensation these plaintiffs may be entitled to, and a number of other specifics.
Each state’s wrongful death law also indicates the time in which a claimant can legally file a wrongful death lawsuit. This wrongful death law provision in known as the statute of limitations and can vary based on jurisdiction and case specifics. In cases involving children, the statute of limitations may be extended. A statute of limitations may also be extended in cases where the cause of death was not known for a significant period of time.
If a loved one has died as a result of another party’s negligence, intentional actions, or strict liability, you may wish to contact a qualified and experienced wrongful death law expert who can evaluate your case to determine your rights and options in a case.
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