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October 09, 2018

What Is The Process For Filing A Wrongful Death Lawsuit?

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Posted in Wisconsin Workers Compensation Related News

Personal Injury Lawyer

When a person passes away due to an accident, it can wreak havoc on the immediate family and other loved ones. The unexpected and early passing of a relative can be shocking and intensely painful. It is common for surviving family members to wonder how they can seek justice in honor of their fallen loved one through legal action. Such situations where a death results because of negligence, recklessness or environmental hazards can be considered grounds for a wrongful death lawsuit.

Here in the article below, we have answered several questions that grieving family members may have during this agonizing time.

What is the process for filing a wrongful death lawsuit?

Surviving family members interested in filing a wrongful death lawsuit may want to meet with an attorney first, in order to find out more information about the process. Once things get moving, the surviving family must proof in court how the other person or party’s behavior directly led to the death of their loved one. Such cases can be understandably emotional, so it is crucial that family members seek the counsel of an experienced attorney.

Is it only the surviving family members who can file a claim?

State laws set standards for who is able to file a wrongful death lawsuit. Depending on your state, it may vary. In some states, the deceased’s spouse can file a lawsuit. If the deceased was not married, then the surviving parents or estate representative can file instead. In many cases, any damages that are awarded end up in the hands of the deceased’s closest relative.

Is a wrongful death lawsuit criminal or civil?

Wrongful death lawsuits are cases that are handled in civil court. However, it is possible for a civil lawsuit to be going on at the same time as a criminal lawsuit regarding the same incident. The overall intention of wrongful death lawsuits are to award monetary damages to the surviving family who lost their cherished person too soon.

What are examples of wrongful death damages?

Damages in a wrongful death lawsuit can include losses that the surviving family has accrued, and may be able to seek compensation for. Examples of such damages can include the following:

  • Pain and suffering of the deceased prior to passing
  • Medical costs accumulated due to injury prior to passing
  • Expenses for funeral and burial
  • Loss of inheritance due to the deceased’s passing
  • Loss of deceased person’s income
  • Loss of consortium

In what scenarios may wrongful death occur?

Wrongful death can happen in a variety of scenarios. A person may pass away due to a work-related accident, medical malpractice or a car accident stemming from negligence of the other driver. But, wrongful death cases are not just limited to these three situations, as preemptive death due to an unsafe environment or breach of duty can arise in a multitude of settings. Family members who have been impacted by such a horrific incident may want to meet with a wrongful death lawyer to confirm they have a solid foundation for a wrongful death lawsuit.

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