Answering Frequent Concerns About Wrongful Death Lawsuits

7 March 2017
 Categories: , Blog


Losing a loved one as a result of another person's actions is among the most emotionally difficult experiences that you can be unfortunate enough to go through. During these situations, you may find that a wrongful death lawsuit is the most applicable option for seeking closure and justice.

Does Criminal Action Have To Be Involved To Be Able To File For A Wrongful Death Lawsuit?

It is one of the more commonly assumed notions that criminal actions are necessary for filing a wrongful death lawsuit. However, this is not necessary for you to be able to pursue one of these cases. Wrongful death lawsuits are designed to allow individuals that have lost a loved one as a result of another's negligence. While you may want to see the person responsible spend time in prison, an added benefit of a personal injury lawsuit is that the burden of proof is much lower than what is required in a criminal case.

Does It Matter Where The Death Occurred?

Unfortunately, there are some situations where a wrongful death lawsuit may not apply to your situation. For example, deaths that occur at the workplace may not be eligible for these filings. This is due to the fact that they are likely to be covered under worker's compensation laws and insurance policies. Furthermore, the jurisdiction of the lawsuit will be determined by the location of the accident, which can play a major role in determining the details of pursuing the case. For this reason, you may be best served by retaining an attorney that is experienced with trying cases in the jurisdiction where the death occurred.

How Are Damages For A Wrongful Death Calculated?

The way that damages in a wrongful death case are calculated can be extremely complicated and may vary on numerous factors. For family members of the deceased, it may be possible to pursue financial damages for the lost income, emotional support and other benefits that the deceased provided.

Some jurisdictions will also allow business partners and other associates to file one of these lawsuits. In these lawsuits, you will need to prove the economic damages that were suffered by the company. Also, it may be necessary to prove that the deceased was the only person that could fulfill this role. Lastly, business associates are often only able to pursue these damages if the surviving family members decided to waive their rights to this type of lawsuit.

To learn more, contact a wrongful death attorney at a law firm such as The Jaklitsch Law Group.