A wrongful death lawsuit means that someone’s death was caused, directly or indirectly, by another person’s conduct. That person’s actions may be based on negligence or intention, but either way, they are held liable for the death of the victim. When a wrongful death lawsuit is filed on behalf of a victim, the purpose is to resolve injustice, and to find monetary compensation for those family members who survive the victim. Examples where a wrongful death may occur include work accidents, automobile accidents, medical malpractice or surgery where complications and an eventual fatality occur, dog bite injuries ending in death, nursing home abuses or defective drugs, to name a few.

Since someone is responsible in some manner for the victim’s death in the case of a wrongful death scenario, the surviving loved ones have legal options available to them, which have been established by legislation in all states. The first step involved in the filing of a wrongful death lawsuit is the determination of certain facts, chief among them, the fact that a wrongful death in fact has occurred. This involves establishing that negligence was somehow a factor in the victim’s death. Evidence that offers justification of a wrongful death must also be produced. Further, a perpetrator must be found: Someone whose negligent behavior is a primary factor in the death of the victim. In some cases, this will not be obvious, and may also involve multiple parties, a company or even a state agency, such as a jail or state hospital.

Timing is important. Though wrongful deaths often occur suddenly and unexpectedly, the filing of a wrongful death lawsuit must occur fairly soon after someone has died, generally within the first few months after passing. Each state has its own statue of limitations on when a wrongful death lawsuit may be filed. An immediate filing also insures that the case will be presented as effectively as possible. There are specific attorneys who handle wrongful death cases. Upon hiring an attorney, they will work with you to establish the circumstances of the wrongful death case, and offer information and counsel regarding the particulars of your state’s procedures for filing these types of cases. Your attorney will have some reasonable assessment of how successful the case may be, based on both their experience and the evidence involved.

Settlements in wrongful death cases vary greatly, and are determined by a number of factors. These include chiefly the amount of guilt to be placed on the person accused of being responsible for the victim’s wrongful death. Damages awarded may take into account for loss of future earnings, work-related benefits, medical and funeral expenses, compensation for pain and suffering and more.

Resource Text: If you have been the victim of a personal injury or wrongful death as a result of a car accident, you may want to consult an attorney for legal guidance. A lawyer can review your claim and determine if you have a viable lawsuit.