Questions About Wrongful Death
“Who can file a wrongful death suit?”
On this page, we have gathered a few of the most common questions asked about wrongful death lawsuits.
If you would like to ask questions about a specific case, please do not hesitate to contact our compassionate and well-regarded staff at The Yost Legal Group, headquartered in Baltimore, Maryland.
What is a Wrongful Death?
A wrongful death is a fatality that occurs because of another party’s carelessness, negligence, inaction or direct misconduct. Wrongful death personal injury lawsuits often result from tragedies such as serious traffic accidents, environmental injury (toxic torts), medical malpractice and defective drugs.
What is a Wrongful Death lawsuit?
A wrongful death lawsuit is a legal action filed in a civil court (rather than a criminal court) against a person, company or other entity whose behavior can be directly tied to a person’s death. In a civil wrongful death case, the party filing the lawsuit will seek financial compensation for the loss. State laws vary on who can file the lawsuit, but typically it is a surviving spouse, children or parents of the deceased.
What types of expenses can be included as damages in a Wrongful Death claim?
This also varies by state law. However, usually, compensation can be sought for medical expenses, funeral costs, loss of financial support, anticipated earnings, loss of companionship, and emotional pain and suffering.
Are punitive damages allowed in a Wrongful Death lawsuit?
It depends on the jurisdiction the case is filed in. (Punitive damages are additional monetary penalties levied against the party found responsible for a wrongful death. Punitive damages are usually awarded to make a broader statement about the act and to prevent the responsible party, or others, from acting in the same way again.
Are there statues of limitations for Wrongful Death claims?
Yes. Statutes of limitation determine how much time a survivor has to file a wrongful death lawsuit. These statutes vary by state and can range from one to eight years.
How does a survivor file a Wrongful Death lawsuit?
You should contact a highly skilled wrongful death attorney immediately to discuss your case. The attorney can then guide you through the investigation/discovery process and paperwork deadlines, etc.
If you have experienced the loss of a spouse, child or parent because of someone else’s irresponsibility or wrongdoing, we can offer the sound advice you need in this very emotional time. Call The Yost Legal Group today and speak to an attorney for a free initial consultation about your case at 1-800-YOST-LAW (1-800-967-8529).