Wrongful Death Lawsuits - Frequently Asked Questions (FAQ)

The sudden death of a loved one is a time of emotional upheaval in your family. You may believe that you have the grounds to file a wrongful death lawsuit, but are unsure exactly what that entails. In this article we’ve attempted to answer some of the most frequently asked questions in regards to wrongful death lawsuits.

What does the term “wrongful death” lawsuit mean?

The concept behind a wrongful death lawsuit is that in addition to the injuries that caused the death of the deceased, the family and people who depended upon that person for financial and emotional support have also suffered injuries.

The act that caused the wrongful death could be attributed to a negligent or careless act, such as drunk driving, a reckless act, or intentional act, such as murder.

Who can sue for wrongful death?

The people who can bring a wrongful death lawsuit can vary from state to state, but generally a surviving spouse and/or children can file a claim for wrongful death. In some states grandparents or other relatives may be allowed to file a wrongful death lawsuit.

How are damages in a wrongful death lawsuit calculated?

The answer for this question can be very complicated. Generally survivors can sue for medical bills paid for the care of the person who was injured, as well as funeral expenses. However, determining the amount of damages requires the consideration of what would have probably occurred in the future. Damages that may be assessed can include, an estimate of the amount of earnings the person who died would have earned over a lifetime and the pain and suffering experienced by the survivors due to the death of their loved one.

Is there a time limit to file a wrongful death lawsuit?

The short answer is yes. Every state has a specific time period in which a claim for wrongful death must be filed called a statute of limitations. This time period can vary from state to state, which is why you should consult with an experienced wrongful death attorney as soon as possible after the accident.

Can a court judgment for wrongful death be discharged in bankruptcy?

Maybe. The bankruptcy code permits the discharge of negligence damages, but some bankruptcy courts may make damages that result from recklessness or gross negligence non-dischargeable.

Is there a difference between wrongful death and medical malpractice?

Think of it this way; medical malpractice is a type of negligence, and a wrongful death lawsuit is a type of damages. It’s possible to have a medical malpractice case that is a wrongful death, but not every wrongful death lawsuit is a medical malpractice case.