Wrongful Death lawsuits are based on several factors that determine the credibility of the lawsuit. Essentially a wrongful death lawsuit is filed when a person has been killed due to negligence or other unjust action. The case that is made is that the victim’s family or survivors are entitled to monetary damages from the party responsible for the victim’s death.
Wrongful death laws are individual to each states and is why an Attorney that specialized in Injury in your local state needs to be contacted. He will know the local laws. But in general all the states have 4 things in common with their wrongful death laws.
- the death was caused, in whole or part, by the conduct of the defendant
- the defendant was negligent or strictly liable for the victimâ€™s death
- there is a surviving spouse, children, beneficiaries or dependents
- monetary damages have resulted from the victimâ€™s death
If your situation meets these requirements then you very likely have a potential for a lawsuit and should immediately contact a lawyer. Most states have statutes of limitations of around 2-3 years after which time no lawsuit can be filed unless there are special circumstances.