Define: Wrongful Death Recoveries

Wrongful death recovery refers to the legal process through which surviving family members or beneficiaries seek compensation for the death of a loved one caused by the negligence, recklessness, or intentional misconduct of another party.

The laws regarding who can file a wrongful death claim vary by jurisdiction, but typically immediate family members such as spouses, children, and parents of the deceased are eligible to file. In some cases, other dependents or beneficiaries may also have the right to file a claim.

Damages that can be recovered in a wrongful death claim may include economic damages such as medical expenses, funeral and burial costs, loss of income, and loss of financial support. Non-economic damages such as pain and suffering, loss of companionship, and emotional distress may also be recoverable.

The statute of limitations for filing a wrongful death claim varies by jurisdiction, but it typically ranges from one to three years from the date of the deceased person’s death. It is important to consult with an attorney promptly to ensure that you do not miss any deadlines for filing a claim.

The burden of proof in a wrongful death case is typically “preponderance of the evidence,” meaning that the plaintiff must prove that it is more likely than not that the defendant’s negligence or misconduct caused the death of the victim.

Yes, in some cases, criminal charges may be filed against the party responsible for the death in addition to a wrongful death claim. However, the outcome of a criminal case does not necessarily determine the outcome of a civil wrongful death claim, as they are separate legal proceedings.

The time it takes to resolve a wrongful death claim can vary depending on factors such as the complexity of the case, the willingness of the parties to negotiate a settlement, and the court’s schedule. Some cases may be resolved through settlement negotiations relatively quickly, while others may take months or even years to litigate.

Yes, multiple parties may be held liable in a wrongful death claim if their negligence or misconduct contributed to the death of the victim. This could include individuals, companies, government entities, or other entities that played a role in causing the fatal accident or incident.

Yes, wrongful death claims involving medical malpractice often have special rules and procedures, including requirements for expert testimony and additional notice requirements. These cases can be complex and may require the expertise of an attorney experienced in medical malpractice litigation.

You can find a qualified attorney to handle a wrongful death claim by seeking recommendations from trusted sources, such as friends, family members, or other attorneys. It is important to choose an attorney with experience handling wrongful death cases and who has a track record of success in obtaining favourable outcomes for their clients.