What counts as wrongful death?
Wrongful death is considered any death that was caused by someone else’s negligence.
What should I do if I suspect my loved one died a wrongful death?
Contact an attorney right away and be sure to request an autopsy. It isn’t always necessary in a wrongful death case, but it’s always helpful.
Who can file a wrongful death suit?
Any family member can file, but there can only be one lawsuit. Which means that if another family member files a wrongful death suit before you do then your best bet is to try to join the case while it’s already in progress. Unless you hire an experienced attorney that files the lawsuit in the name of the estate.
What gets considered in the settlement amount?
The short answer is the missed value of the person’s life, including:
- How old they were
- How many years they might have lived
- Whether or not they suffered
- Whether or not they had dependents
- What their economic future looked like
Would I have to wait until a criminal case is over to file a wrongful death suit?
No, you shouldn’t wait to file since the statute of limitations may be up by the time a criminal case ends. Which could keep you from changing your complaint even to add another family member to the lawsuit. The burden of proof is significantly less than that of a criminal case, so even if the criminal case is lost, you still have a chance of winning the wrongful death suit.
Who gets the settlement money?
Usually, the settlement money would go to the heirs first and then continue down the line of succession. If your loved one passed without a will then the money would go to whoever is involved in the lawsuit.