A wrongful death suit is usually brought by a family member of a decedent, against the individual who was responsible for the death. These lawsuits can also be filed against government agencies, businesses and other entities. The burden of proof in a wrongful death claim is lower than that of a criminal case–it’s simply easier to win a wrongful death action than it is to get a criminal conviction. Prosecution and civil litigation aren’t mutually exclusive, and a person facing a lawsuit can also face criminal charges.
Who Can File a Wrongful Death Suit?
In most cases, only the decedent’s immediate family can file a wrongful death claim. Some jurisdictions allow domestic partners or distant relatives to file lawsuits, but the rules can differ. It’s best to consult a wrongful death lawyer with Website Domain for advice specific to the case and to the area.
Actionable Causes and Legal Damages
Legal liability for a death can arise from negligent, careless, intentional or reckless acts. A family member suing a company or person for a wrongful death can typically collect monetary damages for loss of potential earnings, funeral and medical bills, loss of insurance benefits, inheritance losses and the loss of marital or familial companionship. In cases where the conduct was malicious or egregious, punitive damages can be given.
Filing Suit
Every jurisdiction has a statute of limitations for bringing a wrongful death claim, and delays can be costly–if a victim waits too long, they will be legally barred from further action. The clock typically starts ticking on the date of death, and it continues for a minimum of one year. However, in certain cases, the countdown can start on the date of the discovery of the conduct that led to the person’s death. A local lawyer can tell clients more about the statute of limitations.
Finding Legal Help
If a family member died because of a person or business’ careless, reckless or intentional actions, victims should consult a wrongful death lawyer to learn how they can protect their legal rights. An attorney can explain the case’s merits, and they can help the client handle the complexities of the legal system.
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