This article provides an excellent resource for those who want more information about what a wrongful death lawsuit is, such as the family of a loved one who has recently died because of the negligent act of another:
When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses. Here’s a primer on wrongful death claims — what they are, who can sue, who can be sued, and what damages may be recovered.
It includes information about who may sue:
A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death (they are called the “real parties in interest”). The representative is usually the executor of the decedent’s estate.
Who may be sued:
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:
- the driver or employer at fault in the automobile accident
- the designer or builder of the faulty roadway
- a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
- the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
- the persons who sold, served, or gave alcohol to the impaired driver, or
- the owner of the premises where the alcohol was served.
And the types of damages (money) that can be won in these cases:
In general, there are three types of damages that may be available to the survivors in a wrongful death lawsuit: (1) economic, (2) non-economic, and (3) punitive.
As well as other nuances, such as governmental immunity, the statute of limitations and other important concerns. If you still have any questions after reading, please feel free to stop by for a free consultation.