If a person dies due to another person’s negligent act (including homicide), surviving family members can bring a wrongful death suit. Most suits of this type come after criminal trials; the evidence used is similar, but the standard of proof is lower. A person found liable for someone’s death might or might not be convicted of an associated crime.
A representative of the deceased person’s estate, along with a Workers Compensation Attorney can initiate wrongful death lawsuits. Every US state has a set of wrongful death statutes, which set forth procedures for lawsuits. The estate’s representative can also bring actions for pain and suffering, pre-death expenses and personal injury. Damages awarded from such actions become part of the estate, and can be passed to certain parties as set forth in the decedent’s will.
Components of a Wrongful Death Suit
* To bring a legitimate cause of action, the case must have these elements:
* A person’s death caused by another person’s harmful intent or negligence
* Monetary injury suffered by the decedent’s survivors
* A personal representative for the estate of the decedent
Wrongful death claims can arise from circumstances such as medical malpractice, airplane and auto accidents, criminal acts and occupational exposure to harmful substances or conditions.
Wrongful Death Damages
Financial injury is the main way damages are measured in a wrongful death lawsuit. Courts define financial injury as the loss of services, support, inheritance, and funeral/medical expenses. Most state laws stipulate that wrongful death damages should be fair compensation for the financial injury arising from the death of the decedent.
When determining financial injury, the age, condition and character of the decedent are considered, as well as his/her life expectancy, intelligence and earning capacity. Some juries consider the decedent’s earnings at the time of death, as well as their future earning potential. Click here to know more.
Hiring an Attorney for a Wrongful Death Suit
If a person dies after an injury or accident caused by another person’s negligence, you might be able to sue that party for wrongful death. Almost all states have deadlines for filing such suits, and you should call a Wrongful Death Lawyer in Wichita immediately to discuss your case and your legal rights.
