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Who can recover damages for Wrongful Death?

Categories:Wrongful Death

The time after the death of a loved one is always tough no matter the circumstances surrounding it, however, although both are painful, there is a difference between those deaths that occur naturally and those that occur because of someone else’ negligence.

Unfortunately, many lives are lost year after year because of someone else’s negligence. In 2016 alone, 45,390 people died from work related and car accidents – 5,190 workers were killed on the job and 40,200 people die because of a car accident.

What are common causes of wrongful death?

Some of the common causes of wrongful death include but are not limited to:

  • Car accidents
  • Train accidents
  • Semi-trailer accidents
  • Pedestrian accidents
  • Motorcycle accidents
  • Workplace accidents
  • Medical malpractice
  • Medical product defects
  • Consumer product defects

What family member can potentially recover damages in a wrongful death lawsuit?

  • Surviving Spouse
  • Surviving Children – Under the age of 25
    • If there is a surviving spouse: Only minor children
    • If there is no surviving spouse: Minor children and all children of the deceased

This includes children born out of marriage of a mother, but not the father (unless the father recognized a responsibility for the child’s support.

  • Parent
    • If the child is a minor
    • If the child is an adult: If there are no other survivors (ex. Children/Spouse)
  • Someone partly or wholly dependent on the deceased for support or services
    • Support defined as money
    • Services are case specific; usually out of the normal household nature
  • Blood relatives and adoptive brothers and/or sisters
  • Anyone listed on their Will

Is there a set time you must file for wrongful death?

The Wrongful Death Act sets a time limit for filing these lawsuits, the statutes run after two years. Although pursuing a lawsuit for a wrongful death case may not be at the top of the list, you should reach out to an attorney soon.

Who is the person who actually brings a wrongful death case and is the named plaintiff?

The personal representative appointed by the court.

Remember that every case is different. Even though a family or friend who has filed before for a similar case may share what their attorney advised you may not be getting complete answers. Details can make two cases that may look similar different. Don’t get the wrong information or half of the information for your situation.

Contact Brooks Law Group

If you, a family member, or a friend has experienced the loss of a loved one because of someone else’s negligence call Brooks Law Group today at 1-800-LAW-3030 for a free consultation. The attorneys at Brooks Law Group are experienced wrongful death attorneys that can help you recover the money you are entitled to.

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