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A wrongful death could be the result of medical malpractice (around 98k people die each year because of medical errors, or because the person was hit by a speeding driver – speeding killed 12,151 people in 2022. Overall, 227,664 people died because of unintentional injuries in 2022, with car accidents a major cause. Many of these cases could be classed as wrongful deaths.
A wrongful death case can be a complicated legal matter that many people do not fully understand. People have several common misconceptions about these types of cases. Being properly informed is important for anyone considering filing a wrongful death lawsuit. Here are some of the most common misconceptions related to this type of claim, according to a wrongful death lawyer:
Only Family Members Can File a Wrongful Death Lawsuit
One common misconception is that only family members of the deceased can file a wrongful death lawsuit. While immediate family members such as a spouse, children or parents are usually the plaintiffs in these cases, other relatives may also be able to file. The laws vary by state, but many allow siblings, grandparents, or others with close familial ties to file as well.
You Must Prove Intent
Another common misunderstanding is that you must be able to prove the defendant intended to cause the death of the victim. However, most wrongful death claims involve negligence such as carelessness, recklessness or failure to take proper precautions. As long as the negligent actions or inaction of the defendant caused the death, a case can be made even if they did not mean to cause harm. This might be the case if someone died because of a broken paving stone in a neighbor’s garden. Clearly, the neighbor didn’t set out to kill that person, but not repairing the damage caused the death.
The Wrongful Death Case Must Be Filed Quickly
Some people mistakenly think there is a short window in which a wrongful death claim must be filed. While there are statutes of limitations on these cases just as with other legal matters, they are typically 2-4 years long. This provides adequate time for loved ones to grieve and to thoughtfully build a strong case before filing their claim. Rushing into a lawsuit is not advised. Talk to your wrongful death lawyer and see what they advise.
Damages Are Limited in a Wrongful Death Lawsuit
Many states do limit damages in a wrongful death claim to solely economic losses like lost wages and medical expenses. However, several states allow non-economic damages like pain and suffering and loss of companionship. Punitive damages may also be awarded in cases where negligence was especially reckless or severe. Understanding damage limitations in your state is key.
Wrongful death cases are innately challenging and turbulent times for grieving families. Operating under misconceptions rather than facts can derail or weaken a case. Being properly informed on the facts and laws in your state is the best approach when contemplating filing a claim for the wrongful death of a loved one. Consulting a wrongful death attorney can help avoid the common pitfalls caused by misinformation.