Sangamon County wrongful death attorneys can help you to understand the basics about a wrongful death claim.

When A Wrongful Death Case Can Be Filed

Your Sangamon County wrongful death attorneys will tell you that wrongful death cases can come about because of a car accident, a medical mistake or due to product liability. These cases can be brought against individuals, companies and government entities if they were deemed to have been at fault for negligent acts or because they acted intentionally.

Who Is Allowed To File A Wrongful Death Case?

A representative for survivors who were confronted with damage after the person’s death can file a wrongful death lawsuit. These are known as the “real parties in interest.” In general, the representative will be the executor of the deceased person’s estate. Those eligible to file a wrongful death case can include:

1. Immediate family. Every state allows spouses and children and the parents of children who were not married to file and receive compensation through a wrongful death claim.
2. Domestic partners, those who are financial dependent, and a putative spouse. Certain states allow domestic partners or life partners to file a case. If there was a person who was depending on the decedent financially, then it is also possible to file a case. A putative spouse is someone who had reason to believe that he or she was married to the decedent.
3. Distant relatives. Certain states will let distant relatives like siblings or grandparents file a wrongful death case.
4. Anyone who suffers financial loss. In some states, a person who suffered financially because of the death can file a wrongful death lawsuit because of a loss of support or care.
5. Parents of a fetus that died. In certain states, a wrongful death claim can be pursued if a fetus died. In states in which it is not allowed, the parents are able to file a case in the event that the child had been born alive and then died.

Understanding Who Can Be Sued In a Wrongful Death Case

There are a great number of individuals, companies and government agencies that can be sued in a wrongful death case. For example, if there was a car crash because of flaws in the road and a driver who was under the influence, there could be a wrongful death claim against the following:

• The driver or the employer who was responsible
• The builder or designer of the road
• A government representative who did not place proper warnings regarding a road hazard
• Anyone who might have been responsible for a flawed or dangerous part in the vehicle
• The individual who provided alcohol to the driver
• The individual or entity that owned the location where the alcohol was provided.

Damages That Can Be Provided In A Wrongful Death Case

There are three kinds of damages that can be awarded. They are economic, non-economic and punitive. Economic damages can take into account how much the decedent contributed financially and will calculate what would have been provided had there not been the fatal accident. This can include:

• Costs linked to the death such as medical care and funeral expenses
• Lost earnings that the decedent would have provided
• Lost benefits such as medical insurance
• A lost inheritance that came about due to the unexpected death
• The value of what the victim would have bought in including goods and services

Non-economic damages can be more difficult to understand, but might have greater value than economic damages. They can include:

• Pain and suffering and mental anguish the survivors feel
• The lost protection, advice and care the decedent provided
• A loss of companionship, society and love
• A loss of consortium

Punitive damages are a means to punish the defendant for the acts that led to the fatal accident. Many states do not award punitive damages in wrongful death cases. Some defendants such as governmental agencies cannot face punitive damages.

Lawyers’ Fees, Calculating Damages And Time Limits

Certain states will allow the survivors to receive reimbursement for attorneys’ fees and costs that were involved in filing the case. Some states allow for interest to be recovered. Coming to an accurate calculation regarding damages can be complex. Experts are frequently needed to help in this endeavor. Time limits, otherwise known as a “statute of limitations,” might also be a factor. In general, the lawsuit must be filed within two years of the date in which the misconduct leading to the death occurred. In some instances, the statute of limitations could be one year.

Call Experienced Sangamon County Wrongful Death Attorneys

If you have questions about wrongful death cases, call 1-800-373-6050 to speak to Sangamon County wrongful death attorneys at McCarthy Rowden & Baker.