If you want to file a lawsuit against someone for the death of a loved one, you may have some questions. Here are a few commonly asked questions and the answers that can help you moving forward.
Who can sue for a wrongful death?
It's most common that direct family members sue for a wrongful death. Those people may include spouses, parents, domestic partners, sisters and brothers. The general rule is that if you were financially harmed by a person's wrongful death, you can file a claim.
Can you file a wrongful death claim if a person is killed at work?
It's possible, but in most cases workers' compensation insurance is there to cover the death of a worker and to provide benefits to the family.
What kinds of damages can be awarded for a wrongful death?
There are a two main types of damages including pecuniary and punitive. Pecuniary are damages paid to cover financial losses like lost wages or medical bills. Punitive damages are awarded to punish the negligent party's behavior.
When you want to file a claim for a wrongful death, remember that you have a limited time to do so. The statute of limitations that applies in your case may vary, but two years from the time of injury is a common length allowed by law. If you wait beyond the statute of limitations, you will lose your right to seek compensation.
Our website has more information on wrongful deaths and what you can do to make sure you get the compensation you need.