Wrongful
Death Lawsuits
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Wrongful death lawsuits
are becoming more common.
Wrongful death lawsuits
are brought forth because the plaintiffs believe the death
of a loved one was brought about by negligence
or liability by the defendant or defendants.
Most wrongful death lawsuits
claim monetary damages on the part of the dependents or
beneficiaries because of the defendant's conduct.
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Wrongful death lawsuits did not exist for hundreds of years because
"common law" statutes insisted that the claim died with
the deceased party. In order to correct this, individual states
started enacting wrongful death statutes so that lawsuits may
be filed and upheld in court.
Though the wrongful death principles are similar, each state
has its own specific statutes written so that wrongful death lawsuits
may take place. It is important to check with a personal
injury lawyer as to the specifics of your case in regards
to the state you live in. Some states have small windows of opportunity
to file so be sure to check out the statute of limitations also.
Most wrongful death lawsuits are brought to court because the
death was caused by the defendant through negligence or liability.
In most cases, the surviving spouse, beneficiaries, dependents
or children and monetary damages are involved. If the deceased
were severely injured before passing, then a personal
injury lawsuit may have already begun and can be continued
by the spouse, children or beneficiaries. These two claims are
often consolidated by the courts, though when a death has occurred.
Those who bring about wrongful death lawsuits are often able
to recover damages including:
1. Medical and funeral costs
2. Lost wages, including future earnings
3. Lost benefits
4. Lost inheritance
5. Pain and suffering
6. Mental anguish
7. Loss of support or companionship
8. General damages
9. Punitive damages
Some states will allow defendants who have lost their cases to
get out of paying negligence damages for wrongful death lawsuits
by filing for bankruptcy. In the bankruptcy courts in some states,
though, the courts may make damages resulting from recklessness
or gross negligence non-dischargeable. It is important to check
with an attorney to see what provisions the statutes in your state
hold.
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