Wrongful Death

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A wrongful death claim is different from a normal negligence lawsuit, which is filed by the person injured for the resulting damages. Originally under “common law” (the general legal principles passed from England to the United States over centuries), a wrongful death claim did not exist based upon the reasoning that the claim died with the victim where there was no way to compensate him for damages. The surviving family members then could not claim damages from the person who caused the victim's death. Over the years, states have passed wrongful death laws that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. Today, all states have some form of a wrongful death claim action in force.

While state “wrongful death statutes” were drafted independently of each other and are often unique, they all follow the same general principles. A wrongful death claim generally consists of four elements: (1) death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

If you realize you have a valid wrongful death claim, you must first consult one of the experienced wrongful death lawyers in your area. Doing so is very important because a wrongful death lawyer can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit against the defendant. In addition, to have an attorney can also help lessen the pain, stress and suffering you may be experiencing due to the incident.

Laws generally state that there is a certain amount of time that a person who has lost a loved one due to wrongful death has to initiate a lawsuit. Family members are usually allowed between one and three years from the time of death to file a claim. If they fail to do so, their claims may be shelved forever. Therefore, if you have lost a loved one because of wrongful death, speak to a personal injury attorney for details regarding the reliability of your case now.

Wrongful Death: A Memoir (Norton Paperback)

The Death of Innocents: An Eyewitness Account of Wrongful Executions

Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story (Contemporary Studies in Economic and Financial Analysis)