Many people are fatally injured each day. While some deaths are due to unfortunate accidents, others are unnecessarily caused by the negligent actions of another party. When this happens, the deceased’s loved ones might have the right to file a wrongful death lawsuit in pursuit of justice and compensation. However, these types of cases are often complex, with laws varying from state to state. Here are a few of the most common questions regarding the topic. 

What You Need to Know About Wrongful Death Lawsuits 

Who Is Eligible to File a Wrongful Death Case?

Each state has specific guidelines on who can file a wrongful death case. This includes the administrator of the deceased’s estate, the surviving spouse or children of the deceased, and the deceased’s parents. If a person passes away without a will appointing an administrator of their estate, the court might need to name one before a lawsuit can be filed.  

What Damages Are Recoverable in a Wrongful Death Lawsuit?

The types of damages that are recoverable in a wrongful death lawsuit depend on who files the case and what the facts are surrounding the incident. Typically, awards cover medical expenses the deceased incurred because of their fatal injury, funeral and burial fees, future earning capacity, or pain and suffering. 

What Elements Are Needed to Prove Wrongful Death Occurred?

There are a few elements every wrongful death case must have to be successful. First, it has to be established that a death took place. Next, the death must have been caused by negligence or with intent to cause harm. Finally, it must be proven the surviving family members are experiencing financial burden as a result of the death. 

What Is the Statute of Limitations on Filing a Wrongful Death Lawsuit?

The law stipulates that a wrongful death lawsuit must be filed within two years from the date of the death. If this deadline is missed, it’s likely the court will refuse to hear the case. Under certain circumstances, a criminal case might also be filed, but the civil suit will still need to meet the two-year time frame. 

If you have a loved one who has died because of someone else’s negligence, the personal injury attorneys at Schnurr Law Firm, P.C. in Fort Dodge, IA, will help explore your options for filing a wrongful death lawsuit. They have over 31 years of experience developing strong cases that allow clients to obtain the maximum compensation they deserve. Call (515) 576-3911 to schedule a consultation, or visit them online for more information on their legal services.