What Constitutes a Wrongful Death Case?

Posted by on Jan 30, 2016 in Wrongful Death Case | Comments Off on What Constitutes a Wrongful Death Case?


What is a wrongful death case? If you are considering hiring a wrongful death attorney, this is the first thing that you need to answer. You want to make sure that you have a viable suit before you forge ahead and take your concerns to a lawyer. Having some general information about wrongful death is the first step in being successful in having your suit picked up by a New York wrongful death lawyer and heard in the appropriate legal channel.

What is a Wrongful Death Claim?

law_books_sm2A death is considered to be wrongful when it was caused by negligence. This means that something happened that would not normally occur under a careful company or person. The Centers for Disease Control and Prevention list motor vehicle deaths, unintentional fall deaths and unintentional poisoning deaths as the three primary categories of wrongful death on their statistics page.

Can Anyone File a Wrongful Death Case?

Who can file a wrongful death case ultimately depends on the state that you are in. In most states, a person deemed to be the deceased personal representative as appointed by the court can file the case. This representative files the case on behalf of the deceased children or spouse. Parents and siblings of the deceased can also acquire a representative to bring suit in most states. There are cases where a distant relative can also be involved in the process. It is important to check the laws in your state to know exactly what is required where you live.


What Kind of Damages Can Someone Recover Due to Wrongful Death?

This too largely varies by state. Economic damages are something people can recover in all states. However, the precise amount someone is able to recover will depend on the state. Other possible factors that can be recovered include conscious suffering and pain associated with the deceased. However, there are a few states in the country that do not allow for this type of recovery.

There are time limits associated with this type of case. If a person does not file the case within the proper amount of time, they will forever lose the ability to recover monetary damages. How much time is allowed will depend on a number of factors. Since this is not a specific factor, it is important to consult an attorney who is familiar with the laws of the specific state that you are in. He or she will let you know how much time remains.

Does a Wrongful Death Case Need to be Filed in a Specific Amount of Time?

For every 100,000 deaths in the United States in 2013, approximately 41.3 were considered to be wrongful deaths, according to the Centers for Disease Control and Prevention. If you believe that you have a viable wrongful death case, make sure to reach out to an experienced New York wrongful death lawyer so that you have the proper support and guidance as you pursue your claim.