Wrongful Death Lawsuits FAQs

What is a wrongful death lawsuit?

A wrongful death lawsuit is filed on behalf of the relatives of someone whose death is believed to be the result of another party's actions or failure to act. A husband or wife or the children of the victim have the right to pursue a claim in court to compensate them financially for the loss of their loved one.

Who can be sued for a wrongful death?

A wrongful death lawsuit can be brought against a single person, a group of people or a company or organization. For example, in a car accident you would file the suit against the driver who was responsible for the accident. You also might sue the manufacturer of the car if you believe the design was defective or you might sue the mechanic or repair shop if repairs were not performed properly.

Do I need an attorney to file a wrongful death lawsuit?

It is not required that you be represented by counsel in a wrongful death lawsuit but it is a very good idea to find a qualified attorney who has handled similar cases in the past. You can bet that the party you are bringing the suit against will be represented by counsel and you do not want to give them an unfair advantage.

How are damages determined in a wrongful death lawsuit?

It is very difficult to put a price on a life that was lost but that is what must be done in a wrongful death lawsuit. Damages are determined by how much money the deceased might have earned if he had lived. You can also recover any medical costs from the accident and funeral costs. The laws differ from state to state, but many will also allow damages for loss of companionship over the death of a loved one. Punitive damages could be awarded as well to punish the people responsible for their reckless behavior.

Can I bring a wrongful death lawsuit against a doctor?

Medical malpractice is one of the top reasons that people bring claims over a wrongful death. Each year, statistics show nearly 100,000 people in America die from medical errors that could have been prevented. It is not always the fault of a physician though; it could be another medical care worker or a hospital or nursing home mistake. Claims over medical malpractice should be discussed with your attorney who can help to determine the proper party to bring your wrongful death lawsuit against.

The Florida accident attorneys at Charpentier Law Firm represent those that have been injured as a result of birth injury, slip and fall, and other accident cases.