A Wrongful Death Lawsuit: Common Questions and Answers
June 13th, 2016 by Patrick Hogan
Have you recently lost a loved one due to negligence? If so, you may be considering filing a wrongful death lawsuit. Here are some common questions answered that can help as you take this journey.
1. Who can file a wrongful death lawsuit?
An immediate family member can file a lawsuit, as can an appointed personal representative. The immediate family members are defined as a spouse or domestic partner, as well as children or grandchildren.
2. What is the statue of limitations for a wrongful death lawsuit?
In order to file a lawsuit, it must be done in a certain amount of time following the death of a loved one. The length varies. Depending on the situation, the time can start from the date of the death, or from the date the injury was discovered or occurred. To learn the specific information concerning your case, consult an attorney for the most accurate time line.
3. What types of death are considered for a wrongful death lawsuit?
Wrongful death can involve a loved one passing due to intentionally harmful acts or someone’s negligence. Common situations that can result in wrongful deaths are medical malpractice, nursing home abuse or neglect, occupational events that lead to being exposed to hazardous conditions, or auto accidents.
4. What documents are needed for the lawsuit?
The documents that will be helpful are those that support the damages incurred due to the death. These damages include pain and suffering, as well as medical costs and funeral expenses. Keep all medical bills, funeral documents, and other information that proves the damages. Family members can also recover damages from the loss of:
- Parental guidance
- Financial support
- Future earning potential
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