Wrongful Death FAQs

The death of a loved one is always difficult, especially in cases in which the negligence of some other person or party contributed to the death. In such cases, family members may be able to file a wrongful death lawsuit in order to receive compensation for the tragic loss.

Who can bring a wrongful death lawsuit?

Typically, a wrongful death lawsuit can be brought by the heirs of someone whose death is believed to be the result of another party's actions or failure to act. A husband or wife may sue, or a lawsuit can be brought on behalf of the children of the deceased to compensate them for the loss of their loved one.

Who can be sued for a wrongful death?

A wrongful death lawsuit can be brought against a single person, a group of people, or a company or organization. For example, in an auto accident you would file the suit against the driver who was responsible for the accident. In a case involving medical malpractice, you would be able to file a claim against the negligent healthcare provider.

Do I need an attorney to file a wrongful death lawsuit?

It is not required that you be represented by counsel in a wrongful death lawsuit but it is a very good idea to find a qualified attorney who has handled similar cases in the past. Your lawyer can help you understand the laws that apply to your case and ensure that your claim is filed in an accurate and timely manner.

How are damages determined in a wrongful death lawsuit?

Damages in a wrongful death lawsuit are typically based on factors such as funeral expenses, medical expenses, loss of benefits, loss of companionship, and other damages related to the loss of your loved one.