Family law

Challenging your rights regarding wrongful death claims

Dealing with a wrongful death lawsuit is a traumatic ordeal. Here are answers to some frequently asked questions about the trial and wrongful death claims.

wrongful death lawsuit

What is a wrongful death lawsuit?
A wrongful death lawsuit is a matter between a party negligent by family members of the deceased, who injured due to the death of their family member. Definitions of wrongful death can vary from state to state, but all states have some type of law that will allow a wrongful death claim must be filed.

Is anyone may file a wrongful death lawsuit?
Eligibility to file a wrongful death lawsuit may vary from state to another. In some cases, only the spouse or children of the person will be eligible to file the application. In other states, such as extended grandparents or other family members of his family are entitled to sue as well.

Is there a statute of limitations on a wrongful death lawsuit?
There is usually a time limit within which you must file a wrongful death lawsuit, called a limitation period. If your application is not produced during this time, you lose your eligibility to file for good. The statute of limitations varies from state to state, so if your loved one is gone and you feel you have a wrongful death claim, you should contact a lawyer immediately to find out what your options are.

What are the laws of survival in a wrongful death lawsuit?
If a person files a wrongful death lawsuit due to the loss of a loved one, and that person dies before the trial is concluded, the surviving family members of the person can choose to continue with the suit and receive the compensation themselves.

Are medical malpractice and unjustified death the same?
While a wrongful death can appear in the result of medical negligence, the two do not always go hand in hand and are not the same thing. A person may bring action for a claim of wrongful death due to medical malpractice, but a medical malpractice lawsuit may also be filed for someone who is not dead.