The death of a person resulting from the legal fault of another is deemed a ‘wrongful death.’ In a criminal case a wrongful death is considered to be murder while in a civil case a wrongful death is the direct result of another’s carelessness.  Individual state law determines which family member can file for a wrongful death lawsuit. While in all states a living spouse or child can file a wrongful death lawsuit, some states limit siblings, grandparents, and extended family from doing so. The surviving qualified family members may sue for ‘wrongful death’ if their family member’s death was caused by another’s misconduct or negligence and has impacted the surviving family emotionally or financially. However all states have statutes of limitation regarding the time period in which a family member can file a wrongful death lawsuit. In most cases the lawsuit must be filed within two years of the date of the death. However this time period can be extended if the misconduct is discovered after the date. If this time period is exceeded the family member lose the right to file a lawsuit.

In order to determine if the death of a family member was a ‘wrongful death’ the family must establish the death was a direct result of another’s negligence, deliberate action or misconduct. Additionally the family must affirm they have been impacted emotionally or financially as a result of the family member’s death. Lastly in order for a wrongful death lawsuit to be brought, someone would need to be appointed as an executor or an executrix of the estate. In such cases where a minor is concerned the court will require a guardian be appointed to seek the minor’s best interest.

Lawsuits regarding wrongful deaths can be brought against individuals, companies, government bodies, and institutions. Wrongful deaths can include incidents such as a driver in a motor vehicle accident, a hospitals negligence regarding a patient’s care, or a government agent’s failure to produce essential road signage all resulting in fatal outcomes. Cases vary but families may receive compensation for damages including lost wages, loss of future income, emotional distress and other monetary losses as a direct result of the family member’s death.

If you wish to learn more about wrongful death, speak to one of our experienced and professional attorneys to help you understand your rights.