Wrongful Death

What is it?
A wrongful death lawsuit is brought on by an immediate member of the deceased individuals family.

What must be proved?
Generally one or more of the following must be proved to be successful in a wrongful death suit:
  • Negligence
  • Intentional act
  • Some other liable action
  • Extent of the heirs damages
Who can sue?
The laws vary from state to state as to which family members and how many may sue for wrongful death. The following order of claimants can be used as a guide to determine where you might stand in a wrongful death claim:
  1. Spouse and children
  2. Parents, brothers, and sisters
  3. Minors who lived with the deceased and received 50% of the support
What are the monetary damages?
The amount of damages that can be collected in a wrongful death suit vary based on a number of factors that pertain to the deceased and include:
  • Age
  • Health
  • Life expectancy
  • Earning capacity
  • Medical and funeral expenses
  • Plus any other factor that shows how the plaintiff would have benefited from the deceased
In all wrongful death matters, it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.