All About Wrongful Death Suits

Wrongful death can happen in a variety situations, a variety of different ways. If you have had a spouse or child pass due to the negligent actions of another person, you might be able to file a wrongful death suit. Before you file, there are a few things that you should know about wrongful death suits. 

What Constitutes a Wrongful Death?

A wrongful death is a death that is caused by improper conduct by a person, a group of people or a corporative entity. In wrongful death cases, like in most personal injury cases that do not involve death, the other party has to be proven negligent in order for a wrongful death suit to be won. Wrongful death lawsuits can be filed whether the death was the result of intentional action, or if it was a completely unintentional act that caused the death. 

Although a person involved in a wrongful death suit may go on to face criminal charges, the wrongful death lawsuit is not a criminal case. Wrongful lawsuits are strictly for compensating the victim's family for medical bills, emotional suffering, and pain and loss. 

Who Can File a Wrongful Death Suit?

Not just anyone can file a wrongful death suit. If your best friend is killed in a negligent manner, you will not be able to file a wrongful death suit. However, their parents would be able to file such a suit. Some of the people who are allowed to file a wrongful death suit include:

• Parents, Children and Spouses - If a child's parent is killed due to wrongful death, or if an adult loses a child or a spouse, they are able to file a wrongful death suit. Usually siblings may not file a wrongful death suit, unless the sibling who passed away was responsible for the surviving sibling's care and well-being.
• Partners - Even if a person isn't married, if they have a civil marriage or have been in a long-term partnership with someone, their life partner is able to file a wrongful death suit. 
• Anyone Financially Dependent on the Deceased - Regardless of your relation, if the deceased cared for you and financially provided for you, you can file a wrongful death suit when they pass away. 

How Do You Prepare For a Wrongful Death Suit?

In order to help your lawyers argue your wrongful death case, they will ask for different items to present to the jury in order to get them to understand how deeply the loss of your loved one is felt. They usually will ask for pictures, home videos, cards and letters written from the loved one. They might also ask to interview you expressing your feelings of loss and grief. 

The lawyer will take care of hiring expert witnesses to help properly explain how the wrongful death occurred and how it could have been prevented, as well as gathering the necessary medical, law enforcement and financial documents if necessary. 

What Will You Be Compensated For? 

There are two main types of payments that you can get for a wrongful death suit, these different categories are called compensatory damages and punitive damages. 

Compensatory damages include financial restitution for things such as medical bills and funeral services, as well as money that they would have received from their loved one's earnings if their loved one had not been killed. 

Punitive damages are usually only awarded if the wrongful death was caused in a particularly violent or careless manner. Usually these damages are less about compensating the victim, and more about ensuring that the defendant is properly punished. 

Working with a wrongful death attorney can help you through the tricky process of filing a wrongful death suit and make the whole ordeal easier so that you don't have to be overwhelmed while you are already suffering from grief.