Define: Wrongful Death Action

A wrongful death action is a legal claim brought by the surviving family members or beneficiaries of a person who has died due to the negligence or intentional act of another party. It seeks to hold the responsible party accountable for their actions and recover damages for the losses suffered by the deceased person’s loved ones.

In most jurisdictions, the immediate family members such as the spouse, children, or parents of the deceased person have the right to file a wrongful death action. In some cases, other dependents or individuals who were financially dependent on the deceased person may also be eligible to file a claim.

The damages that can be recovered in a wrongful death action vary depending on the jurisdiction, but they typically include compensation for funeral and burial expenses, medical bills, lost income and future earnings, loss of companionship, and emotional distress suffered by the surviving family members.

Yes, there is a time limit, known as the statute of limitations, for filing a wrongful death action. The time limit varies by jurisdiction, but it is generally within two to three years from the date of the deceased person’s death. It is crucial to consult with an attorney promptly to ensure compliance with the applicable deadline.

In some jurisdictions, the concept of comparative negligence applies, which means that the damages awarded in a wrongful death action may be reduced based on the percentage of fault assigned to the deceased person. However, in other jurisdictions, if the deceased person is found to be even partially at fault, it may completely bar the surviving family members from recovering any damages.

Yes, it is possible to file a wrongful death action against a government entity if the death was caused by the negligence or wrongful act of a government employee or agency. However, there may be specific procedures and limitations that apply when suing a government entity, so it is important to consult with an attorney experienced in such cases.

In some jurisdictions, a wrongful death action can be filed for the death of an unborn child if certain criteria are met, such as the child being viable at the time of the incident. However, the laws regarding wrongful death of unborn children vary, so it is essential to consult with an attorney to understand the specific requirements in your jurisdiction.

Yes, a criminal case and a wrongful death action can be pursued simultaneously. A criminal case is brought by the state to punish the wrongdoer, while a wrongful death action is a civil claim seeking compensation for the losses suffered by the surviving family members. The outcome of the criminal case may have an impact on the wrongful death action, but they are separate legal proceedings.

Yes, it is common for wrongful death actions to be resolved through a settlement. A settlement is an agreement reached between the parties involved, usually with the assistance of their attorneys, to resolve the claim without going to trial. The terms of the settlement, including the amount of compensation, are negotiated and agreed upon by the parties.

While it is not legally required to have an attorney to file a wrongful death action, it is highly recommended. Wrongful death cases can be complex, involving various legal and procedural requirements. An experienced attorney can provide guidance, handle the legal aspects of the case, and advocate for your rights to ensure you receive fair compensation for your loss.