Frequently Asked Questions (FAQs) about Wrongful Death Lawsuits
“What should I do? Who should I talk to? Did they have to die?”
If you suspect a loved one died under questionable circumstances, you’ve likely asked yourself these questions. Understanding the laws related to wrongful death claims can feel overwhelming. Consulting a lawyer who has successfully handled wrongful death cases will make navigating the difficult experience manageable.
Wrongful death lawsuits are often complicated and impacted by multiple factors. In this blog, Frank Piscitelli, Jr. provides answers to frequently asked questions related to wrongful death lawsuits, offering guidance if you are looking to learn more about your legal rights, as a loved one, and possible damages.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal action filed by the survivors of an individual who has died due to another party’s negligence, recklessness, or intentional actions. The purpose is to hold the responsible party accountable and seek compensation for the damages suffered by the survivors because of the death.
Who can file a wrongful death lawsuit?
The specific laws governing wrongful death lawsuits vary by state. Generally, an immediate family member, such as a spouse, child, or parent, will be appointed by a court to bring the wrongful death lawsuit on behalf of all immediate family members and in some cases, next of kin. We can help you determine if you are eligible for damages.
What are the common causes of wrongful death?
Wrongful death can occur in various situations, including car and motorcycle accidents, medical negligence or malpractice, workplace accidents, defective products, dangerous premises, or criminal acts. Each case is different, and it is important to ask for advice from an attorney to determine if the situation qualifies for a wrongful death claim.
What damages can be sought in a wrongful death lawsuit?
Damages in wrongful death lawsuits typically include financial compensation for funeral and burial costs, medical bills, loss of income and financial support, loss of companionship, mental anguish, loss of companionship and other related losses. The specific damages available depend on the jurisdiction and the details of each case.
Is there a time limit for filing a wrongful death lawsuit?
Yes, there is a statute of limitations – the period within which you can take legal action – that sets a deadline for filing a lawsuit. The time limit varies by state and the details of the case. It is essential to consult with an attorney quickly to understand and meet the deadlines to protect your right to seek financial compensation.
How do I prove negligence in a wrongful death lawsuit?
To establish negligence in a wrongful death case, it is generally necessary to prove the following elements: the defendant had a duty of care towards the deceased, the defendant breached that duty, the breach directly caused the death, and the death resulted in damages to the surviving family members. In some cases, punitive damages are available for a related claim called a survivorship claim. It is important that you hire an attorney experienced in determining whether such a claim exists, and how to prove it.
Should I hire an attorney for a wrongful death lawsuit?
It is highly recommended to seek the advice of an experienced wrongful death attorney. Wrongful death cases involve complex legal procedures and require a thorough understanding of the law. An attorney will guide you through the legal process, protect your rights, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. Frank Piscitelli Jr., limits his caseload so he can maximize the value of every case. Other attorneys hire Frank for their clients or bring him into their large and complex cases.
Navigating a wrongful death lawsuit can be overwhelming, especially during a time of grief. By understanding the basics of wrongful death lawsuits and seeking the assistance of a knowledgeable lawyer, you can rest assured that your rights are protected, and you have the best chance of obtaining the compensation you deserve. Remember, every case is unique, so consult with Frank to receive personalized advice. Frank and his legal team have the knowledge and experience to get the results that you deserve. At the Piscitelli Law Firm, we know that this is most likely a very difficult time. Know that you will pay no attorney fees or expenses unless and until we recover compensation for you.
Call our firm today: 216-931-7000.