Help for the Pain

If you recently lost a loved one, then you probably have a lot on your plate. Between mourning, funeral bills, and dealing with the potential loss of their income and benefits, you might be interested in securing compensation. A wrongful death lawsuit can help you get the money that is owed to you. Here are a couple of questions that you might have on your mind, along with their answers:

Who can file a wrongful death lawsuit?

If you are an immediate family member (such as a spouse, child, or parent) of the deceased, then you can file for a wrongful death lawsuit on their behalf in any state. If you don't have such a direct connection, then you might find that your state won't allow you to file. Domestic life partners, distant relatives, and other dependents can file in certain states, but not in others. Check your state's laws before trying to file.

What kind of damages can you pursue?

Damages can be broken down into two categories: quantitative and qualitative.

• Quantitative - Medical bills, funeral costs, loss of employment benefits, and lost wages are very easy to quantify. As long as you have records of everything, you should be able to pursue compensation in each of those areas.
• Qualitative - These costs, such as pain, suffering, and other negative emotions, can be a lot harder to translate into dollar amounts. Proving them can also be pretty difficult, which is why you need a wrongful death lawyer to help build your case. They can help you determine exactly what categories of compensation you can pursue and how much you should aim for.

You might have also heard of punitive damages, but these generally aren't applicable. Many states won't award purely punitive damages.

If you are lucky, then you might also win legal fees in your compensation. However, this can work both ways. If your lawsuit is denied, then you might end up having to pay the legal fees for the defending party.

When can you file a wrongful death lawsuit?

There is a specific time frame in which you can file a wrongful death lawsuit. If you wait too long, then the statute of limitations will expire and your claim will simply get thrown out immediately. If you file within a year, then you are generally safe. Some states might allow you to file within two years, while others can extend up to five years.

For more information, contact a law firm such as Master Weinstein Shatz Moyer, P.C.