What is a Wrongful Death Suit?
A wrongful death suit is an action brought against a person or company whose wrongful act (either intentional or reckless) or negligent behavior was the cause of the deceased person's death. Who Can Sue for Wrongful Death?
A wrongful death suit can be brought on behalf of the decedent (person who has died) by a number of people, each of whom had a close personal relationship with the decedent. These include the decedent's: - surviving spouse;
- children ;
- dependent parent (parent who lived with the deceased and/or relied upon them for most/all financial support);
- personal representative or designated heirs;
- putative spouse (a surviving spouse whose marriage to the deceased was not valid, but the court finds that the spouse had a good faith belief that his/her marriage was valid);
- domestic partner (must be a domestic partnership registered with the state where partners live);
- minor living with the deceased (not their biological or adoptive child), who depended on the deceased for financial support
In some states, only the personal representative of the deceased will be able to bring a wrongful death action in court. Any money that is then recovered will be placed into a special account or trust to be distributed to the people named above.
How Will I Prove My Relationship to the Decedent?
You and other family members or loved ones of the deceased will be called to testify about your relationship with the decedent. The court will take this testimony into account along with other factual information about your relationship to the deceased in determining whether you satisfy the sort of close personal relationship that will enable you to be successful in a wrongful death suit. What Kind of Damages Are Awarded in a Wrongful Death Suit?The damages you will receive if you are successful in a wrongful death suit will vary quite a bit from case to case and may include: - death-related expenses, such as medical and funeral costs
- loss of companionship, also known as loss of consortium
- loss of decedent's future earnings
- punitive damages if the wrongful conduct was intentional
Do I Need an Attorney with Experience in Wrongful Death Actions?If a family member or loved one of yours died as the result of someone else's wrongdoing, you should consult an attorney with wrongful death suit experience. He or she will be able to preserve your rights and help you seek the legal remedies available to you. |
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