When a loved one dies due to another person or entity’s negligence, the surviving family may be entitled to file a wrongful death lawsuit. The wrongful death laws vary from state to state so survivors should consult an experienced Redding wrongful death attorney to determine if they have a viable case. The surviving family may have many questions during this tragic time. Here are some frequently asked questions regarding wrongful death lawsuits.
What does wrongful death mean?
A wrongful death is when someone dies due to another person or entity’s negligent, reckless, or intentional act. For example, a death caused by careless driving or driving while intoxicated could be considered a wrongful death.
Who can file a wrongful death lawsuit?
Each state may have different laws determining who can file a wrongful death lawsuit. Generally, a wrongful death lawsuit can be filed by the spouse and children of the deceased. However, in some states grandparents, siblings, and life partners may be able to bring a wrongful death lawsuit.
When does a wrongful death lawsuit have to be filed?
A wrongful death lawsuit is subject to a Statute of Limitations. The statute of limitations is a designated time that the lawsuit must be filed within or the survivors will be forever barred from filing a claim. This time frame varies from state to state. The survivors should consult an experienced Redding wrongful death attorney to determine when the statute of limitations began and when it will end.
What type of compensation is expected in a wrongful death lawsuit?
The compensation in a wrongful death lawsuit will vary for each case. The wrongful death lawsuit can include damages for medical expenses, funeral expenses, pain and suffering, loss of consortium, loss of guidance, and future earning capacity. In most wrongful death lawsuits, determining the future earning capacity may require expert testimony.