Wrongful death lawsuits: What they constitute

Generally speaking, a wrongful death is a death caused by another's negligence, recklessness, malpractice, or inaction . A pedestrian killed by a drunk driver, a woman murdered by her ex-husband, a child struck and killed by a careless teenage motorist - these are all examples of wrongful deaths. In such cases, the families of the deceased can file wrongful death personal injury lawsuits on their loved ones' behalves. These civil lawsuits, which do not bear any criminal charges, help families recover damages for pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses. If you have lost a loved one to wrongful death, you may be eligible for damages. One of our national wrongful death and personal injury lawyers may be able to help you build your case.

Wrongful death lawsuit eligibility varies

Immediate family members - including parents, spouses, and children, are almost always eligible to file a claim, although minors may need an adult guardian to take a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.

Although laws vary from state to state, immediate family members - including parents, spouses, and children - are permitted to file wrongful death claims. Minors, however, may need an adult guardian to bring a lawsuit to court.

A personal injury lawyer specializing in wrongful death can help you and your relative understand the laws in your particular state.

How do you file a wrongful death lawsuit?

If you believe you have a valid wrongful death claim, you should first consult one of the experienced wrongful death lawyers in your area. A wrongful death attorney can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit. Hiring an attorney can also help alleviate some of the stress you may be experiencing.

Possible compensation for wrongful death

You may win damages from your wrongful death lawsuit to cover the following:

• Medical and funeral costs
• Lost wages, including future earnings
• Lost benefits
• Lost inheritance
• Pain and suffering
• Mental anguish
• Loss of support or companionship
• General damages
• Punitive damages *

Some states prohibit some of the preceding damages. Talk with a personal injury specializing in wrongful death today to discuss your specific circumstances

Statutes of limitations affect wrongful death lawsuits

Every wrongful death lawsuit is subject to a statute of limitations. Statutes of limitations cap the amount of time that a person who has lost a loved one to wrongful death has to initiate a lawsuit. Generally, family members are allowed between one and three years (depending on the state) from the time of death to file a claim. If they fail to observe the statutes of limitations, their claims may be barred forever.

Keep in mind, though, that there are exceptions. For example, if the death was originally deemed an accident rather than the result of someone else's negligence or malice, the statute of limitations will be adjusted so that it takes effect when the true cause was discovered rather than at the time of death.

A personal injury attorney specializing in wrongful death can explain the statutes of limitations as they person to your case.

Wrongful death law is an area of law that seeks to provide financial compensation to the heirs of a person whose death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.

Each state has drafted its own set of civil "wrongful death statutes," and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow similar principles, each state jurisdiction is unique, so laws will vary from state to state. There are no federal statutes for wrongful death.

A wrongful death could occur as a result of a variety of situations, including:

• Medical malpractice that results in decedent's death.
• Neglect or abuse on the part of a nursing home that results in decendent's death.
• Automobile, bus, train airplane or other common carrier accident.
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.).
• Death during a supervised activity (sports tournament, field trip, etc.).

An action for wrongful death alleges that the decedent was killed as a result of the negligence (or other liability) on the defendant's part, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative (executor) of the decedent's estate. But, actions for personal injury (survival actions), conscious pain and suffering, or expenses incurred prior to the decedent's death are also typically brought.

Pecuniary (financial) injury is the main way damages in a wrongful death action are awarded. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Damages also typically include interest from the date of the decedent's death. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.

Any damages awarded belong to the estate and pass as directed by the decedent's will or by state law if such things are not specified in the will.

If a loved one has died after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you should retain a lawyer right away. There are time limitations in filing your wrongful death lawsuit, as well as other legal implications.

Jim S. Adler & Associates in addition has offices located at City Place Building, 2711 North Haskell Ave., Suite 2100 LB40, Dallas, Texas 75204-2887; San Pedro Plaza, 7330 San Pedro Ave., Suite 700, San Antonio, Texas 78216-6237; and Bank of America, 12605 East Freeway, Suite 400, Houston, Texas 77015-5619 (serving Channelview, Texas).