What is a Wrongful Death Claim?

A wrongful death claim is against a person or business that is liable for death. When a person dies or is killed due to the negligence or misconduct of another, surviving family members of the deceased can sue the negligent parties for the damages that they caused. Wrongful death can be a result of homicide, medical malpractice, transportation accidents, exposure to toxic substances, product malfunctions, pedestrian collisions, police brutality, and any other instance caused by the wrongdoing of another.

Economic and non-economic damages are taken into consideration when looking into a wrongful death claim. These can include high medical bills, loss of benefits, funeral services costs, emotional distress, loss of income, loss of companionship, and more. Wrongful death suits are sometimes combined with a “survival action” case. The main difference between a wrongful death claim and a survival action claim, is that wrongful death focuses on the damages of deceased’s family members. While survival actions focuses on the damages and suffering caused to the deceased, and what compensation they would have recovered had they not passed.

Who Can File a Wrongful Death Claim?

Each state has their own laws as to who they allow to can file a wrongful death suit on behalf of the deceased. These people usually include individuals that are related to, or depend financially on the person that died. The law usually allows the following people to file a wrongful death case:

• Surviving spouses
• Domestic partners (registered domestic partnership)
• Children of the deceased
• Financial dependents, parents, minors under the care of the deceased
• Personal representatives

These people can differ from state to state; our wrongful death lawyers will help you find out if you are eligible to file a case on behalf of your loved one.

While no amount of money will bring back a lost loved one, the justice and compensation our attorneys will achieve can help with expenses for funeral costs, medical bills, therapy treatment, and other assistance you and your family may need.

Statute of Limitations on Wrongful Death Cases

With a wrongful death case, there are time restrictions as to when family members can take legal action. These restrictions are called the statute of limitations. When these expire, the legal claim is no longer valid, and the family cannot file a lawsuit. It is important to know and understand these time limitations, as they vary from state to state and case to case.

For example, in the state of California, a wrongful death claim must be filed within two (2) years of death of the victim. With wrongful death from medical malpractice, the statute of limitations will be either be three (3) years from the date of the fatal injury, or one (1) year from the date the victim discovered their injury.

In Washington, a wrongful death claim must be filed or pursued within three (3) years from the date of the death of the victim. Once three years passes, it will be impossible to file a wrongful death action in Washington.

Each state has their own statute of limitations that apply to wrongful death cases, and exceptions within them. Speak to the wrongful death attorneys at Sweet Law Group to discover if your case is still within the statute of limitations, and what your next step should be. Call (800) 203-3061 or Contact Us for a free case evaluation.