What is a Wrongful Death Lawsuit?

What is a Wrongful Death Claim?

A wrongful death claim may be filed when a person dies due to the legal fault of another person or entity. Wrongful death claims can involve all types of fatal accidents such as car accidents, medical malpractice, and product liability cases. The survivors may be able to bring a wrongful death lawsuit to  seek compensation for the physical and emotional losses — like lost wages, lost companionship, emotional distress, and funeral expenses.

Who May Sue for Wrongful Death?

In regards to a wrongful death claim, Florida law defines survivors as “…the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.” A representative of the survivors can file a claim for wrongful death.

Who Can Be Sued for a Wrongful Death?

Individuals, companies, and government agencies can be held accountable for acting negligently. In the case of an impaired driver some of those at fault might include:

• the driver or employer at fault in an automobile accident;
• the person who sold, served, or gave alcohol to the impaired driver;
• the owner of the establishment where alcohol was served.

Who Handles Wrongful Death Lawsuits?

A personal injury lawyer will handle wrongful death lawsuits. If you are looking to file a wrongful death claim you should contact and interview several personal injury lawyers, and look for ones that specializes in cases that are similar to yours.

If you are in need of a lawyer to help you with a wrongful death case look for a personal injury lawyer that is skilled at the various areas of the law that could impact your case. For example, if a defective auto part was a factor in the death, you should look for a lawyer that is also familiar with consumer product liability cases as well. An experienced lawyer should have no issue providing you with samples of similar cases they have resolved successfully. They will also be more than willing to give you references, or supply you with feedback from previous clients to help you make your decision.