A wrongful death lawsuit is a civil lawsuit brought by the estate of a deceased person against the responsible party for damages caused by the death.
The deceased person’s family will file a lawsuit against the responsible party for damages caused by the death, including medical bills, loss of income, funeral expenses, and other costs. The family may also seek compensation for pain, suffering, and loss of companionship.
What Are Wrongful Deaths?
Wrongful deaths are caused by someone’s negligence. Negligence can be defined as an action that was not intended to cause harm, but did in fact cause harm. Examples of negligence include driving too fast and causing an accident, or leaving a grill unattended.
In some cases, the negligent party is intentionally trying to harm someone else. Examples include arson, murder, and child abuse.
Types Of Wrongful Death Claims
- Personal injury claim: A personal injury claim is a wrongful death claim that involves someone who is injured or killed as a result of another person’s negligence. In this type of claim, the person filing the lawsuit is alleging that the negligent party has caused an injury or death.
- Survival action: This type of claim involves a deceased person who has a right to sue for damages that were caused by the negligence of another person. A survival action is filed after the person dies but before the statute of limitations has expired.
- Wrongful death claim: A wrongful death claim is a wrongful death lawsuit that is not based on a personal injury claim. It is filed after the statute of limitations has expired.
How a Wrongful Death Lawsuit Is Filed
The wrongful death lawsuit is filed in the same manner as any other lawsuit. The person filing the lawsuit will do so as an individual or a representative for a group of people who are seeking damages. The representative will file as an individual or on behalf of a group called the “estate” or “next of kin” of the deceased person.
The representatives will need to file an official complaint form called an “action” or “complaint” in court. The complaint form must describe the facts of the case and provide contact information for the representative and attorney representing the health and safety of the estate. The complaint must also include a request for damages and a demand for legal fees and costs.
The complaint will be served on the responsible party by delivering it to them or mailing it to their last known address or place of business. The complaint must be served within one year of when the death occurred or it will be dismissed. If the complaint is not served within one year, it will be dismissed if it is not timely filed with the court.
The Limitation Period
The statute of limitations for filing a wrongful death lawsuit is two years from the date of the death or from when the representative discovers that the death occurred, whichever comes later. This date can be found on page 2 of the complaint form in which the representative requests damages and legal fees.
The statute of limitations does not begin to run until after the complaint is served on the responsible party. The statute does not start to run if the responsible party does not file an answer within 30 days after being served with the complaint. If no answer is filed within this time period, the complaint will be dismissed without prejudice in favor of the representative. If the answer is filed within 30 days after service, it will not be dismissed without prejudice but will be addressed in court. If no answer is filed within 30 days after service, then it will be dismissed without prejudice in favor of the representative.
Legal Fees and Costs
When filing a wrongful death lawsuit, you must pay all of your own legal fees and costs. You cannot recover attorney’s fees from anyone else involved in your case, including insurance companies and other parties you sue. The court will not reimburse you for attorney’s fees unless you win your case and recover damages from your opponent. You can only recover attorney’s fees if you win your case and are awarded damages from your opponent.
An attorney may be able to help you recover attorney’s fees if you can show that you acted in good faith and had reasonable intentions when filing your lawsuit. However, this is only possible if you are represented by a qualified attorney and you have filed your lawsuit within one year from when you discovered that your loved one died as a result of someone’s negligence.
Negotiating A Settlement
After you file your wrongful death lawsuit, you may negotiate a settlement with your opponent through an out-of-court settlement conference or mediation session. During these sessions, your opponent and their attorney can work together to reach an agreement that both parties can agree to. You may also negotiate with your opponent through negotiations before trial if you cannot reach an agreement after mediation or during settlement negotiations. However, if you do not agree to a settlement during these negotiations, you must go to trial to resolve your case.
Filing a wrongful death lawsuit is an important step in seeking justice for the loss of a loved one. By following these steps, you can ensure that your case is filed correctly and that you are able to recover damages from your opponent.