WHO CAN FILE A WRONGFUL DEATH CLAIM?

A wrongful death claim is meant to compensate the survivors of the deceased for monetary and non-monetary losses directly resulting from the defendant’s negligence. For this reason, only certain people have the right to file a wrongful death lawsuit.

Each state enforces its own rules for who can bring a wrongful death claim. In many states, only the most immediate surviving relatives, including the spouse and children of the deceased, can take legal action. Many states operate under rules that allow more distant relatives, including parents, siblings, and grandparents, to bring a claim if closer relatives have passed away or do not exist. If there are no surviving relatives, many states allow the personal representative of the deceased’s estate (also known as the executor) to file a wrongful death lawsuit.

Eligible parties only have a certain amount of time to bring a wrongful death claim. The precise statute of limitations varies by state, but the clock does not start ticking until the day the victim passes away – not the day they sustained fatal injuries. For example, if someone suffers catastrophic injuries in a bicycle accident but does not succumb to those injuries until several weeks later, qualifying parties will have a set amount of time (determined by their state’s laws) from the day the victim passed, not the date of the accident. If the applicable statute of limitations expires, survivors of the deceased cannot recover any compensation.

If a loved one recently passed due to the negligence of someone else and you are not sure whether you have the right to file a claim on their behalf, turn to Potts Law Firm. Our wrongful death attorneys can help you understand your legal options.

WHAT DAMAGES CAN I RECOVER IN A WRONGFUL DEATH CLAIM?

The person who brings the wrongful death claim can recover monetary and non-monetary damages on behalf of the victim. So, if the surviving spouse files the lawsuit, they will receive money if they prevail, even if there are other surviving relatives. If the personal representative takes legal action, the deceased person’s estate will receive any recovered compensation.

Depending on your circumstances, damages you can potentially recover through a wrongful death lawsuit include:

• Burial and funeral costs
• Medical expenses related to the deceased’s fatal injuries
• The value of wages, benefits, and monetary means of support the deceased would have contributed had they lived
• The value of gifts and inheritances the deceased would have given had they lived
• The value of services the deceased would have provided had they lived
• Mental anguish suffered by the deceased’s survivors
• Loss of consortium, care, guidance, love, and companionship

In some rare instances, a court may award punitive damages, which are meant to punish the defendant and deter similar behavior. Punitive damages are generally only considered when the defendant’s conduct was especially reckless or malicious.

Note that each state has different rules for what survivors can specifically recover. California, for example, does not allow survivors to get compensation for mental anguish, but it does permit recoveries for loss of care, guidance, and love. Some states also place caps on damage recoveries, particularly in scenarios involving medical malpractice. Our wrongful death lawyers can review the laws pertinent to your case and walk you through what we may be able to help you recover.