If you know someone that passed away due to the fault of another person or entity, you may be able to file a wrongful death lawsuit in court. One of the more well known instances when a wrongful death lawsuit is filed is when car manufacturer is sued by the family of a loved one who died in an accident caused by faulty auto parts.
Who May File a Wrongful Death Lawsuit?
According to nolo.com, the following representatives can file a wrongful death lawsuit:
- Family members.
- Those who suffered financially from the tragedy.
- Life partners and financial dependents.
- Parents of a deceased fetus.
States have varying laws when it comes to who can file a wrongful death lawsuit. For example, every state allows for immediate family members to file lawsuit, yet only some states allow for other individuals who suffered financially to do so.
In most cases, the representative in these lawsuits is the executor of the estate of the descendants. They must hire an attorney that specializes in wrongful death lawsuits, and should perform extensive research on potential candidates before choosing one to work with.
Who Can Be Defendants in Wrongful Death Lawsuits?
Any person or entity can be named as a defendant in a wrongful death lawsuit. In many famous recent cases, major car manufacturers have been named as defendants when accidents occur due to product malfunction. These types of lawsuits often result in large payouts and major car recalls.
Other cases have involved individuals or establishments that served alcohol to an impaired driver who later caused the death of an individual while driving under the influence. In some states however, laws have been passed that provide immunity to certain individuals and organizations, such as medical device manufacturers or certain government agencies.
Laws vary greatly by state. If you plan on filing a wrongful death lawsuit, consult with an attorney that practices law in your community.
Criminal Versus Civil Suits
Wikipedia clears up a common misunderstanding about wrongful death lawsuits.
In many cases, individuals who have been convicted of a crime, such as manslaughter or negligent homicide can also be brought to civil court to face wrongful death charges.
One famous case was that of O.J. Simpson case. After his criminal trial, he was brought to civil court in a wrongful death lawsuit by the Goldman and Brown families. They won the lawsuit and were compensated accordingly. Because civil court proceedings only require “preponderance of evidence” and not “beyond a reasonable doubt” to decide whether or not someone is guilty, it was likely much easier to receive a favorable verdict in civil court than it would have in criminal court.
Only Recourse for Lawsuits Against Companies
If a person dies due to the action of a company, a wrongful death lawsuit is the only course of action that can be taken. Many families of individuals that have died due to smoking have tried, and often succeeded, to sue major tobacco companies.
If you want to file a wrongful death lawsuit, you must ensure that the amount of time passed since the individual passed away hasn’t exceeded your state’s statute of limitations.
The statute of limitations is the time allowed for a person to file a wrongful death lawsuit. While this time varies, many states have set it at between three and five years. If alcohol or a public entity is involved, or if the lawsuit is centered around a product liability claim, states make an exception to the statute of limitations rule.
Unfortunately, these types of lawsuits are extremely complicated and can take years to resolve. It’s important to hire an attorney before you file any paperwork with the court. According to Trial Lawyers Watson Burns, not all attorney’s specialize in wrongful death lawsuits, and because they are so complicated it’s more important with these types of cases that you really do your research before choosing the attorneys you want representing your case.
