How You Can File a Lawsuit for Wrongful Death

When any of your family member dies due to reckless, negligent or deliberate behavior or action of others then you are entitled to file a lawsuit against the party for wrongful death charges. In such cases, your family is entitled to claim monetary compensation against the party for untimely death of your loved member of the family. Wrongful death charge needs civil court action and the court decides how much compensation the surviving member of the family should get due to untimely death of their close one due to wrongful death.

Grounds for charging a wrongful death lawsuit

According to Christopher Simon, who is a well-known attorney related to wrongful death cases in the USA, you need proper grounds which is legally valid for charging anyone for wrongful death lawsuit. The argument should be that the victim has not only lost his life due to someone else’s negligence, but also his family has suffered financially and emotionally for the same reason.

The surviving family needs to establish two important things to be successful in this lawsuit.

  • The death of their loved one took place due to negligence, recklessness or deliberate act of the other party.
  • The surviving family has suffered a severe damage due to death of their loved one’s due to wrongful reason.

Most of the wrongful death lawsuits are due to death either caused by car accidents or work-related accidents, medical malpractices or due to any other criminal act.

Who is eligible for filing wrongful death lawsuit?

According to the law of the state the following can file a wrongful death lawsuit.

  • Spouse of the victim
  • Children
  • Siblings
  • Grand parents

Probate will be required

It is necessary that the family members of the victim open a probate estate so that they sue the offender party on behalf of the deceased member of their family. In case, the family member is a minor child then the court will need a guardian for the children who must be appointed to look after their interest.

Types of damages that the family may get

Surviving family members are entitled to collect following damages after establishing that their loved one’s death was caused due to wrongful act:

  • All medical bills and also burial expenses
  • Compensation damages for all the salary and wages that the victim would have earned had he survived his normal life.
  • Compensation damages for various pains that was suffered by the surviving family members due to loss of their dear one.
  • Punitive damages for punishing the person who has caused the death so that he will never act in this way in the future.

Few states however do not allow punitive damages to the survivors. There is a definite time period within which you must file your lawsuit against the offender. If you take too much time then you will be barred to file any case. Therefore, if you are sure that the death of your loved one was really caused by some one’s reckless and negligent action then you must immediately get in touch with the attorney and claim your legal rights.