About Wrongful Death Compensation
When people suffer the sudden death of a loved one, the emotional pain they face may be compounded by financial hardships arising from unforeseen medical bills, funeral costs, and lost wages. However, when such deaths are caused by the negligence or willful misconduct of others, wrongful death laws provide victims' families with the means to obtain compensation for losses associated with the tragedy.
Types of Wrongful Death Damages
Each state has its own laws that determine the types of compensation to which claimants are entitled. Typically, compensation is divided into two groups: compensatory and punitive damages. Compensatory damages are intended to compensate families for the losses associated with the wrongful death. There are two types of compensatory damages: special and general damages.
Special damages are specific losses that can be determined with certainty, such as:
- Medical bills
- Hospital expenses
- Funeral costs
- Lost wages
General damages involve non-specific losses, such as:
- Pain and suffering
- Loss of companionship
- Mental anguish
Punitive damages differ from compensatory damages in that they are meant to punish the defendant. Punitive damages may be awarded if it can be demonstrated that the victim's wrongful death was the result of the defendant's ongoing pattern of bad behavior or conduct that was particularly outrageous, such as driving while intoxicated (DUI).
An experienced wrongful death attorney can advise claimants on the types of compensation that may be sought and obtained.
Wrongful Death Lawsuit: Time Limits
As with the types of available compensation, each state imposes time restrictions upon the filing of a wrongful death lawsuit. Most wrongful death claims must be filed within one to three years of the accident. This is called the statute of limitations. After the statute of limitations has expired, a victim or his or her family relinquishes their rights to take legal action against the responsible party.
Depending on the laws of the state in which the claim is filed, the statute of limitations for a wrongful death claim may begin at the time of the accident, or it may begin upon the discovery of the cause of death, which might be later. For example, a death may be ruled an accident in which no party was found to be at fault. However, additional evidence may surface later that identifies an at-fault party. In such a case, the statute of limitations would begin at the time of discovery of the new evidence.
When the victim dies some time after the fatal accident, the family will likely have had to meet the statute of limitations for a personal injury claim in order for a later wrongful death claim to be valid. For example, a car accident can cause catastrophic harm, such as spinal cord damage or traumatic brain injury, which may cause impairment, but is not always immediately fatal. If the victim's family fails to file a personal injury claim, and the victim dies after the expiration of the statute of limitations, the family might forfeit the right to pursue compensation for the death.
For these reasons, it is crucial that victims and their families consult with experienced personal injury lawyers after an accident in order to ensure that their rights are protected.
Contact a Wrongful Death Attorney
If you have suffered the sudden death of a loved one as a result of a car accident, boating accident, drowning or a construction accident, you should contact an experienced wrongful death lawyer to ensure your rights are protected. A knowledgeable attorney can help you obtain the justice and compensation you deserve.