A wrongful death lawsuit is a kind of lawsuit you can file if you lose a loved one as a result of another person’s negligence or misconduct. For example, if a drunk driver hits your mom while she crosses the road, you could file a claim for her death. Similarly, if you lose a loved one because of a serial killer, then that person could be held liable for your loved one’s death.
A wrongful death lawsuit’s purpose is to give you a way to seek compensation for the losses you’ve suffered as a result of your family member’s death. Normally, the only people who can file a lawsuit are direct family members such as parents, children and grandparents or grandchildren. Sisters and brothers may also make claims on some occasions.
The person who brings the claim will be the estate’s representative. He or she will bring a lawsuit in hopes of obtaining compensation for pecuniary injuries. In most cases, the lawsuit will not reach a trial. Instead, you’ll be able to reach a settlement or negotiate directly to attempt to obtain a settlement offer from the other party. It’s normally in everyone’s best interests to work out a settlement outside court, but sometimes, a trial is the best way to obtain the most compensation.
Your attorney will talk to you about your case and what to expect. Not all cases are black and white, but with enough evidence and support for your claims, you can file a lawsuit and fight to obtain the compensation you need to cover your losses.
Source: FindLaw, “What is a Wrongful Death Lawsuit?,” accessed June 08, 2018
Attorney Matt Boulton is an award-winning personal injury attorney with more than 20 years of experience helping seriously injured people throughout Indiana reclaim what was taken from them. His firm was created for for the client who expects exceptional service and passionate, successful legal representation.