The legal system can provide justice for those who experience a tragedy. In some cases, the state may acknowledge that another party is responsible for an individual’s death. Prosecutors may charge them with a crime.
Other times, grieving families can rely on the civil courts to provide them with a path to justice. State statutes established the right to file wrongful death lawsuits in certain circumstances. Those trying to adjust to life after a tragedy can seek closure by holding a person or business accountable for their loss.
The compensation awarded by the courts can also limit the economic harm that the tragedy generates. There are rules that apply to wrongful death litigation, and grieving individuals generally need to know at least the three standards below when evaluating their options.
Only certain people can file a lawsuit
Countless people may feel the negative impact of a premature death. Coworkers, business partners, romantic partners and friends may experience life-altering consequences when someone they know dies. However, only those with the closest relationships to the decedent have the option of suing. The wrongful death statute empowers surviving spouses, children, domestic partners and parents to file a lawsuit. If family members do not take legal action or if there are no surviving family members, then the personal representative of the decedent’s estate can file a wrongful death lawsuit.
There need to be qualifying circumstances
There are two main requirements for a wrongful death lawsuit to be an option. The first is that there must be evidence supporting the claim that a person or business caused the death through either negligence or wrongful acts. Chemical test results showing a driver was drunk when they caused a crash could provide grounds for a wrongful death lawsuit. So could proof of unsafe and irresponsible behavior. Grieving families also need proof that there has been or will be economic harm caused by the death. They need proof of lost wages, medical expenses or other economic setbacks.
Litigation must begin promptly
As time passes, circumstances change. Memory fades, and the quality of forensic evidence may degrade as well. As such, the state typically imposes relatively strict limitations on civil litigation. Plaintiffs usually have to initiate wrongful death lawsuits within two years of when an individual dies. If they wait too long to look into their options, the statute of limitations may expire. They may then lose their opportunity to seek justice.
People unsure about whether they are in a position to file a wrongful death lawsuit may need to discuss the situation with someone who understands the law. With the right advice, families can use the civil court system to seek compensation and closure after a tragedy.