According to the Center for Disease Control, more than 136,000 unintentional deaths occur in the U.S. every year. When tragedy strikes and death is caused by the misconduct or negligence of another person, it is called wrongful death – a matter for civil court.
Wrongful death occurs after negligent driving, from a product defect, premises liability issues like a fall or other accident, and many other causes. Whatever the situation, you need a skilled wrongful death lawyer who can provide expert advice and much-needed support.
Nothing can ever replace a loved one who passes away because of someone’s carelessness. Even so, wrongful death attorneys are a must when lost income or other consequences threaten your future in the wake of your loss. Connecting with the right attorney can be an important part of picking up the pieces, getting closure, and ensuring a measure of justice is done.
For help with motor vehicle accident, workplace, medical malpractice/hospital wrongful deaths, please contact us.
How Does Wrongful Death Happen?
Wrongful death happens for a variety of reasons. One of the most important factors in defining it is negligence or recklessness of another person. The most common wrongful death involves medical malpractice, often at a hospital.
Other common wrongful death accidents include:
- Vehicular accidents
- Air travel accidents resulting in bodily harm or medical episodes
- Premises liability, such as a slip and fall or a fire that causes death
- Product liability, including any product defect resulting in death
Although each of these situations differs, they are united in a breach of duty – failure to uphold the legal requirement to act in a safe and responsible manner. Although the wrongdoer typically does not intend death, they cause it.
Who Can File a Wrongful Death Claim?
In most jurisdictions, wrongful death filings are limited to representatives of the deceased or that person’s estate. Typically, relatives – close or distant – are most likely to file a wrongful death suit. Unrelated financial dependents are also usually empowered to file a suit.
Since the legal intent of a wrongful death suit is to collect monetary damages from the wrongdoer, people who do not have a clear financial relationship to the deceased are usually ineligible to file suit. This includes, for example, close friends and ordinary co-workers.
Statutes of Limitations
In Nevada, a wrongful death suit statute of limitation is two years.
Comparatively, an Illinois wrongful death lawsuit must be filed within the time limit set by the statute of limitations for the underlying type of case. Or, the suit must be filed within one year of the date of the deceased person’s death. Ultimately it comes down to whichever date comes later.
What Types of Damages Arise in Wrongful Death?
Wrongful death damages come in two broad types. The first encompasses expenses incurred by the victim from the time of the incident through to final expenses. The second type relates to losses suffered by the deceased’s dependents.
These losses or expenses can include:
- Loss of financial stability based on the earning power of the deceased at death.
- Pain and suffering from the loss of a spousal or parental relationship.
- Medical expenses of the deceased from the time of the incident until death.
- Final expenses of the deceased, including qualifying funerary expenses.
Contact The Powell Law Firm Today
If you are considering a wrongful death lawsuit, a wrongful death attorney is essential. Especially since wrongful death lawsuits can be long and complex.
Additionally, compassionate help from an attorney who understands your case will make the situation easier. It also doesn’t hurt to have someone in your corner protecting your legal rights.
In the past 17 years, Paul Powell has recovered total verdict and trial settlements approaching $250 million for clients. For help from a wrongful death lawyer who truly cares and can get results, call The Powell Law Firm today.