The term “wrongful death” refers to a death that occurs as the result of misconduct or negligence on the part of an individual or an entity. The responsibility for filing a wrongful death suit falls on the immediate family of the individual who died. These remaining family members are known as “distributees.”
There are different regulations and specifications that exist within each state as to how wrongful death lawsuits must be handled. In every state, only someone with the authority to represent the estate of the deceased individual may take on a wrongful death lawsuit. Any assets or funds that are awarded over the course of a wrongful death suit are counted as part of the estate of the deceased person and are subject to the stipulations of the will of the deceased.
There are multiple factors that must be present when bringing a wrongful death lawsuit against an individual or a company. These include negligence on the behalf of the other party or the specific intent to harm the deceased. Family members must also be able to prove that the death caused monetary harm to the family. Lastly a representative in the legal matter must be present to speak for the estate of the deceased individual.
One of the primary issues in a wrongful death lawsuit is the loss of income or assets from the deceased individual. These may include expenses resulting from injuries, a loss of regular income, and funeral expenses. Family members that file a wrongful death lawsuit may also be eligible to receive punitive damages for the emotional and mental harm suffered from the death of the individual in question.