How do I file a wrongful death lawsuit?

When a loved one dies due to the negligence, carelessness, or incompetence of another individual, their surviving family members are able to file a wrongful death suit against the person responsible.

Wrongful death lawsuits are civil court actions that allow the family to collect monetary damages to assist loved ones in recovering losses for medical bills, funeral costs, stress, suffering, and pain.

Who’s eligible to file a wrongful death lawsuit?

Who can file a wrongful death lawsuit varies by state. In all states, the surviving spouse and the children of the deceased are able to file a wrongful death claim.

Grandparents, siblings, and other extended family members may be able to file a wrongful death claim, but it depends on the state law. In most cases, the individual who files the lawsuit needs to be immediately related to the deceased.

What are the grounds for a wrongful death lawsuit?

To file a wrongful death claim, you need to have grounds for your lawsuit. A wrongful death claim is filed on the grounds that an individual was responsible for the death of your loved one because of negligence or intention and that your loved one’s death directly impacted the family financially and emotionally.

Surviving family members need to be able to prove that the death wasn’t caused by the deceased’s own actions. It must be caused by the actions or inactions of another. Family members must also establish that they’ve suffered damage due to their loved one’s untimely death.

Some of the most common grounds that family members have for filing a wrongful death lawsuit include medical malpractice, work-related accidents, and car accidents.

If family members have grounds for their wrongful death lawsuit, they can file for compensation for medical bills, burial expenses, lost wages, pain, and suffering.

Are you looking for a wrongful death attorney?

Preventable medication errors impact over 7 million patients every year. While these medication errors may not be deadly, in some cases they can lead to the death of a loved one. If your loved one has died due to another person’s negligence, recklessness, or deliberate behavior, it may be in your best interest to file a wrongful death claim.

The wrongful death attorneys at Brooks Law Group have the professional experience to help you file your wrongful death claim and navigate your lawsuit. To learn more about our previous wrongful death cases or to schedule on a consultation, contact Brooks Law Group today at 1-800-LAW-3030 or by filling out our Online Case Evaluation request form located on our website.

Steve was born in New Orleans, Louisiana. As was the practice for new doctors his father worked day and night during his medical residency at Charity Hospital there. Steve comes from a long line of doctors. His father, his grandfather, his great grandfather, even two uncles were all specialists and/or surgeons in their chosen medical specialties, including internal medicine specialist, obstetrics / gynecology, neurosurgery and general practice / surgery. His great-great grandfather was the Surgeon General of Ohio during the Civil War.