Wrongful Death Lawsuits: When to File and What to Expect
Losing a loved one due to someone else's negligence or misconduct is a devastating experience. If you're facing this difficult situation, you may have legal grounds to file a wrongful death lawsuit. Understanding when to file and what to expect during the legal process can help you seek justice for your loved one while securing the financial support you need.
When Can You File a Wrongful Death Lawsuit?
A wrongful death lawsuit arises when a person dies due to another party’s negligence, recklessness, or intentional harm. Common cases involve:
- Car Accidents – If a driver’s negligence, such as drunk or distracted driving, caused a fatal crash.
- Medical Malpractice – If a healthcare provider's mistake led to a preventable death.
- Workplace Accidents – If an unsafe work environment or defective equipment resulted in fatal injuries.
- Defective Products – If a faulty product led to a fatal accident.
- Criminal Acts – If an assault, homicide, or other criminal act resulted in a loved one's death.
Who Can File a Wrongful Death Claim?
State laws determine who is eligible to file a wrongful death lawsuit, but in most cases, it includes:
- The spouse of the deceased
- Children of the deceased
- Parents of a deceased minor
- The estate representative, who may file on behalf of surviving beneficiaries
Consulting with an attorney at The Robertson Law Firm can help clarify your eligibility based on your state's laws.
What Is the Time Limit for Filing?
Each state has a statute of limitations that sets a deadline for filing a wrongful death lawsuit, typically ranging from one to three years from the date of death. Missing this deadline can result in losing your right to seek compensation, so it's crucial to act quickly.
What Damages Can You Recover?
A wrongful death lawsuit seeks to compensate surviving family members for their losses, including:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial costs
- Loss of income and financial support
- Pain and suffering experienced by the deceased before passing
- Loss of companionship for surviving spouses and children
An attorney can help you calculate the full value of your claim.
What to Expect During the Legal Process
The wrongful death lawsuit process involves several key steps:
- Consulting an Attorney – A lawyer will review your case, explain your rights, and determine if you have a valid claim.
- Investigation & Evidence Collection – Your attorney will gather police reports, medical records, witness statements, and expert testimony.
- Filing the Lawsuit – A formal complaint is filed in court against the responsible party.
- Negotiation & Settlement – Many cases settle outside of court, with attorneys negotiating a fair compensation amount.
- Trial (If Necessary) – If a settlement isn’t reached, the case proceeds to trial, where a judge or jury determines the outcome.
Why Legal Support Matters
Wrongful death cases are complex and emotionally challenging. Having an experienced attorney ensures your rights are protected and that you receive the compensation you deserve. At The Robertson Law Firm, we provide compassionate and dedicated legal representation to help you navigate this difficult time.
Contact Us Today
If you’ve lost a loved one due to negligence, don’t wait to seek legal guidance. Contact The Robertson Law Firm today for a free consultation and let us help you pursue justice.