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Wrongful Death Lawsuits

Wrongful death lawsuits are becoming more common. Wrongful death lawsuits are brought forth because the plaintiffs believe the death of a loved one was brought about by negligence or liability by the defendant or defendants.

 

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Most wrongful death lawsuits claim monetary damages on the part of the dependents or beneficiaries because of the defendant's conduct.

Wrongful death lawsuits did not exist for hundreds of years because "common law" statutes insisted that the claim died with the deceased party. In order to correct this, individual states started enacting wrongful death statutes so that lawsuits may be filed and upheld in court.

Though the wrongful death principles are similar, each state has its own specific statutes written so that wrongful death lawsuits may take place. It is important to check with a personal injury lawyer as to the specifics of your case in regards to the state you live in. Some states have small windows of opportunity to file so be sure to check out the statute of limitations also.

Most wrongful death lawsuits are brought to court because the death was caused by the defendant through negligence or liability. In most cases, the surviving spouse, beneficiaries, dependents or children and monetary damages are involved. If the deceased were severely injured before passing, then a personal injury lawsuit may have already begun and can be continued by the spouse, children or beneficiaries. These two claims are often consolidated by the courts, though when a death has occurred.

Those who bring about wrongful death lawsuits are often able to recover damages including:

1. Medical and funeral costs
2. Lost wages, including future earnings
3. Lost benefits
4. Lost inheritance
5. Pain and suffering
6. Mental anguish
7. Loss of support or companionship
8. General damages
9. Punitive damages

Some states will allow defendants who have lost their cases to get out of paying negligence damages for wrongful death lawsuits by filing for bankruptcy. In the bankruptcy courts in some states, though, the courts may make damages resulting from recklessness or gross negligence non-dischargeable. It is important to check with an attorney to see what provisions the statutes in your state hold.


Extra

For more information on our blog see Wrongful Death

 

 

 

 

 

 

 


 

 


 

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