How To Bring Justice To Your Dear One That Passed Away Due To Someone Else’s Negligence

In the wake of a tragic event, many people struggle to find meaning in what has happened. In order to help them cope with their grief and move on from this tragedy, they may decide to file a wrongful death lawsuit against the person or company that caused this loss. The purpose of these lawsuits is not only financial compensation for lost wages and other expenses related to funeral arrangements but also healing for those who have been left behind by the deceased individual. This article will explore some legal definitions and information about what types of damages are available when filing a wrongful death lawsuit.


Get A Lawyer

If you have been tragically affected by someone’s negligence, you might want to consider filing a wrongful death lawsuit. However, when pursuing such legal action, it is important to consult with an experienced attorney in order to make sure that your claim for damages will be successful. There are a lot of law firms that specialize in this type of litigation, such as, so you’ll have no problem finding a lawyer that suits your needs. The process of filing a lawsuit is usually quite straightforward. You will have to clearly state that someone’s negligence led to your loved one’s death, and then you will be able to name the amount of money for which you are suing.

Who Can File A Lawsuit?

In most cases, a wrongful death lawsuit can only be filed by a spouse or close family member of the deceased individual. These lawsuits are filed on behalf of the family members that have been left behind by a loved one, not for personal financial gain. This means that if your spouse passed away and you are the only family member who is still alive, then you can file a wrongful death suit on behalf of them. This would not be the case if there were other surviving family members, such as siblings or cousins.

The Time Limit To File A Lawsuit

In general, in most US states,  a wrongful death lawsuit must be filed within a certain amount of time after the accident that resulted in someone’s death. The specific rules regarding the time limit to file a wrongful death lawsuit vary from state to state, but they can easily be found online by searching for “wrongful death statute <your state>”. In cases where the medical treatment given to the individual was extremely negligent, some states may allow for longer time periods. Usually,  this time limit is two years, but in some states, it can be extended to five years.


You’ll Need Proof

When filing a lawsuit for wrongful death, you will have to provide evidence that clearly shows that someone’s negligence caused your loved one’s death. In many cases, this may be very easy to demonstrate as the cause of death is usually listed as being due to an accident or medical malpractice. You might need autopsy reports, police reports, and other official documents from the accident scene in order to prove this. You should let your lawyer help you gather the evidence. If for some reason you are unable to provide sufficient evidence, then your claim may be dismissed by the court without you ever getting your day in court.

How Can Wrongful Death Occur?

Wrongful death can be caused by a number of different factors. Some examples of common causes of wrongful death include:

  • Car accidents
  • Medical malpractice, such as misdiagnosis or mistreatment
  • Workplace accidents, such as electrocution or falling from a height
  • An intentional act by another individual, e.g. physical assault

Financial Compensation For Wrongful Death

This also depends on the state where you live. There may be specific limits to the amount of compensation that wrongful death lawsuits can provide, or there might not. Generally, however, if your claim is successful and negligence on another’s part was found to have led to your loved one’s death, then their estate will be responsible for covering the following types of expenses:

  • Medical bills
  • Funeral costs
  • Loss of financial support, in cases where this has not already been compensated for via life insurance policies or retirement savings plans
  • Lost income due to the lack of your loved one’s labor

Wrongful death is a tragic event, and it can happen in many different ways. There are also differences between state statutes as to how long you have to file a lawsuit for wrongful death after the accident has occurred. If your loved one died because of another’s negligent behavior or medical malpractice, the best thing to do is to hire a lawyer. We hope that this article gave you an informative start as to how to proceed further.

This post may contain affiliate links. Read my full Disclosure Policy

Speak Your Mind