Who Can File a Wrongful Death Lawsuit?In general, wrongful death lawsuits are filed by the personal representative of the deceased’s estate. This representative is typically a family member, such as a spouse, parent, or child. The personal representative is responsible for filing the lawsuit on behalf of the deceased’s estate and all of the surviving family members. In some cases, the personal representative may be a court-appointed administrator. This is often the case when the deceased did not have a will or the will did not name a personal representative.
What Is a Wrongful Death Lawsuit?A wrongful death lawsuit is a type of civil lawsuit that is filed when a person dies due to the negligence or intentional act of another person or entity. In such cases, the surviving family members may be able to seek compensation for their losses, such as medical bills, funeral expenses, lost wages, and pain and suffering.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
The damages that can be recovered in a wrongful death lawsuit vary from state to state.
Generally, the damages that can be recovered include:
- Medical expenses incurred prior to the death
- Funeral and burial expenses
- Lost wages and benefits
- Loss of companionship and support
- Pain and suffering
- Punitive damages, if applicable
What Is the Statute of Limitations for a Wrongful Death Lawsuit?The statute of limitations for a wrongful death lawsuit varies from state to state. Generally, the statute of limitations is two years from the date of death. It is important to note that the statute of limitations may be shorter in some states, so it is important to seek legal advice as soon as possible.
Who Should I Contact for Legal Advice?
If you have lost a loved one due to the negligence or intentional act of another person or entity, it is important to seek legal advice as soon as possible.
At Stabinski Law, our experienced wrongful death attorneys can help you understand your legal options and pursue the compensation you deserve. We understand the emotional toll that a wrongful death can take on a family, and we are here to help. Contact us today for a free consultation.