Can You File a Wrongful Death Lawsuit After an Injury?

Jul 31, 2018

Welcome to the Law Office of Stanley E. Robison, Jr, where we are dedicated to providing comprehensive legal assistance in matters of wrongful death. Losing a loved one due to a fatal injury can be immensely devastating, and it is crucial to understand your legal rights and options to seek justice on their behalf. In this article, we delve into the intricacies of filing a wrongful death lawsuit after an injury, providing valuable insights and guidance.

Understanding Wrongful Death Lawsuits

A wrongful death lawsuit is a legal claim that arises when an individual's death occurs due to the negligence or misconduct of another party. These lawsuits enable surviving family members to seek compensation for the losses they have suffered as a result of their loved one's death.

When a fatal injury occurs, survivors may wonder if they can file a wrongful death lawsuit. The answer depends on various factors, including the jurisdiction and applicable laws. In many cases, if the deceased individual would have had a valid personal injury claim had they survived, their family members may have grounds to file a wrongful death lawsuit.

Determining Eligibility for a Wrongful Death Lawsuit

Eligibility for filing a wrongful death lawsuit varies from one jurisdiction to another. In general, immediate family members, such as spouses, children, and parents, are typically allowed to file a claim. Some jurisdictions also recognize extended family members, life partners, or financial dependents as eligible parties.

It is important to note that wrongful death lawsuits must be filed within a specified time frame, known as the statute of limitations. The statute of limitations may vary by state or country, so it is crucial to consult with an experienced wrongful death attorney promptly to safeguard your legal rights.

Establishing Negligence and Liability

One of the key aspects of a wrongful death lawsuit is establishing negligence and liability on the part of the responsible party. This requires proving that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly resulted in the fatal injury.

Proving negligence can be complex, as it often involves gathering evidence, analyzing accident reports, interviewing witnesses, and consulting with expert witnesses. Employing the services of a skilled wrongful death attorney can greatly assist in building a strong case on your behalf.

Compensatory Damages in Wrongful Death Lawsuits

In a wrongful death lawsuit, various types of compensatory damages may be sought to provide financial relief to surviving family members. These damages aim to compensate for both economic and non-economic losses.

Economic damages typically include financial losses such as medical expenses, funeral and burial costs, lost future income, and the value of the household services provided by the deceased. Non-economic damages may encompass pain and suffering, loss of companionship, emotional distress, and the impact on the survivors' quality of life.

Wrongful Death vs. Survival Actions

Understanding the distinction between wrongful death claims and survival actions is crucial. While wrongful death claims seek compensation for the losses endured by family members, survival actions address the damages the deceased would have been entitled to if they had survived the injury. These damages may include medical expenses, lost wages, and pain and suffering experienced before death.

Survival actions can run parallel to wrongful death claims and can be pursued by the personal representative of the deceased's estate. The compensation obtained through these actions is typically distributed to the deceased individual's estate rather than directly to the surviving family members.

Consult with our Wrongful Death Attorneys

Filing a wrongful death lawsuit after a fatal injury is a highly emotional and complex process. It is crucial to have knowledgeable and compassionate legal representation to guide you through every step of the way. At the Law Office of Stanley E. Robison, Jr, our experienced wrongful death attorneys are dedicated to helping you seek justice and obtain the compensation your family deserves.

With an in-depth understanding of wrongful death laws and extensive courtroom experience, we are here to provide the highest level of legal assistance. Contact us today to schedule a consultation, and let us protect your legal rights and fight for justice on behalf of your loved ones.