FAQs About Wrongful Death Claims

1. What is a wrongful death claim?

A wrongful death claim is a legal action brought by the survivors of a deceased person who has died due to the negligence, recklessness, or intentional misconduct of another party. The purpose of the claim is to seek compensation for damages resulting from the death.

2. Who can file a wrongful death claim?

Typically, immediate family members such as spouses, children, and parents have the right to file a wrongful death claim. In some jurisdictions, other relatives or individuals who were financially dependent on the deceased may also have standing.

3. What types of damages can be claimed in a wrongful death lawsuit?

Damages that can be claimed may include:

• Funeral and burial expenses

• Medical expenses incurred before death

• Loss of financial support the deceased would have provided

• Loss of companionship, guidance, and support for family members

• Pain and suffering of the survivors

4. How do I prove a wrongful death claim?

To prove a wrongful death claim, you must establish:

• Duty of care: The responsible party owed a duty of care to the deceased.

• Breach of duty: The party breached that duty through negligence or misconduct.

• Causation: The breach of duty directly caused the death.

• Damages: The death resulted in specific damages to the survivors.

5. How long do I have to file a wrongful death claim?

The statute of limitations for filing a wrongful death claim varies by state. In Indiana, for example, the time limit is generally two years from the date of death. It’s important to consult with an attorney to ensure you meet all deadlines.

6. What if the deceased had contributed to their own death?

Even if the deceased was partially at fault, a wrongful death claim may still be valid. However, the compensation awarded may be reduced in proportion to the deceased’s degree of fault. This is known as comparative negligence.

7. Can a wrongful death claim be settled out of court?

Yes, many wrongful death claims are settled out of court through negotiation and settlement agreements. A settlement can be a quicker and less costly resolution compared to going to trial.

8. How long does a wrongful death lawsuit take?

The duration of a wrongful death lawsuit can vary widely depending on the complexity of the case, the willingness of parties to negotiate, and the court’s schedule. Cases may be resolved in a few months to several years.

9. Do I need a lawyer for a wrongful death claim?

While it is not legally required to have a lawyer, having experienced legal representation can significantly increase your chances of a successful outcome. A lawyer can provide guidance, manage legal complexities, and advocate on your behalf.

10. How are wrongful death claims funded?

Many wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win or settle the case. This allows you to pursue legal action without upfront costs.

11. Can a criminal case affect a wrongful death claim?

Yes, a criminal case and a wrongful death claim are separate matters. A criminal case focuses on punishing the wrongdoer, while a wrongful death claim seeks compensation for the survivors. A criminal conviction may support your wrongful death claim, but you can pursue a civil claim even if no criminal charges are filed.

12. What should I do if I suspect a wrongful death?

If you suspect that a death was wrongful, consult with an experienced wrongful death attorney as soon as possible. They can help evaluate your case, explain your legal options, and guide you through the process.