How do You Know if You have a Wrongful Death Case?

Having a loved one pass away due to someone else being reckless or negligent is one of the most devastating things that can happen to a family – primarily because it could have been avoided. Wrongful death is a death that is caused by an act of negligence; some examples of wrongful death include: an automobile accident, defective products, workplace incident, hazardous premises’, or in the hospital under suspicious circumstances.

Examples of Wrongful Deaths:

For instance, if you aren’t feeling well and make trips to the doctor who does not diagnose your condition that could have otherwise been treated, that could be a case for wrongful death. Additionally, if you are hit and killed by someone operating a vehicle while dialing a number on a cellphone – that was a reckless decision that ended in the death of another person. Someone’s life was taken because of a poor judgement call on another person’s behalf.

What does the process look like?

Although it may seem easy to identify a wrongful death case, there are certain criteria that factor into wrongful death claims depending on the state. Usually, each state sets regulations to follow which includes who can file for a wrongful death case, what sort of financial gain the victim’s family will receive, and the amount of time a victim’s family must file a claim.

Alabama personal injury lawyer, Jessica Powers explains the wrongful death claim process by stating that family members are not allowed to file for a wrongful death case – only the person who is responsible for representing the deceased’s estate is able to file. Additionally, there are certain time limits for certain parties to file a wrongful death case. For example, if your loved one has died from a negligent person’s actions, the time limit to file is 2 years. If the wrongful death claim involves a government party, such as the police, there is a 6-month time limit. Claims against a county allows for a year time limit. Lastly, in Alabama, the person responsible for the deceased’s estate can only receive punitive damages. This means that the only money that will be recovered from the negligent party is for punishment for their reckless behavior. This means that there would be no money to recover to medical bills, lost wages, pain and suffering, family’s mental anguish and support, etc.

What can a lawyer do?

Of course, filing a wrongful death lawsuit will not bring your loved one back, but in many states, recovering finances could assist the family in paying medical bills, lost wages from the deceased, pain and suffering of the lost loved on and the family, etc. Many families of those who have passed away from a wrongful death file lawsuits against the negligent person to deter further reckless acts from the irresponsible person.