A wrongful death occurs when another person, organization, or entity is negligent, reckless, or takes the wrong action. Medical malpractice is the most common cause for wrongful death. However, accidents at work, automobile accidents, or defective products are also common causes.
U.S. law permits immediate family members to file personal injury and wrongful death lawsuits for the deceased. The immediate family would include parents, spouses, and children. These days the most common causes of truck accidents are carelessness of drivers.
However, minors would need an adult guardian to represent them. Wrongful Death lawsuits are civil suits seeking damages for emotional distress, loss or inheritance, lost income, lost benefits, medical expenses, funeral costs, and other reasons.
Different laws apply to different states. A wrongful death attorney will help you understand the laws and create a suit. Wrongful death lawsuits have a statute of limitations.
Family members must file a suit within one-three years of the victim's passing. It is important to consult a wrongful death lawyer as soon as possible after the victim's death. His job is to prove the death was caused by the defendant's inaction or actions.
A wrongful death lawyer will, like most other personal injury lawyers, work on a contingent basis and only charge a percentage once the compensation has been paid.