When a wrongful death occurs, the grief and emotional distress can be overwhelming for the surviving family members. To make matters worse, the family may be left wondering what legal rights they have and what options they have for recourse. This is where a wrongful death attorney comes in. They are able to provide the family with the legal representation they need to recover financial compensation or other damages due to the wrongful death.

Understanding the legal terms associated with wrongful death lawsuits is critical to being able to make informed decisions when pursuing a case. This blog post will discuss the key terms to know about wrongful death lawsuits.

• Wrongful Death: A wrongful death is when someone’s death is caused by another person’s negligence, recklessness, or intentional act. Wrongful death can occur in a variety of situations, including medical malpractice, product liability, automobile accidents, workplace accidents, and more.
• Survival Action: A survival action is brought by the estate of the deceased in order to recover damages that the deceased would have been entitled to pursue had they not died. This includes any damages suffered by the deceased prior to death, such as pain and suffering and lost income.
• Damages: Damages are the financial compensation a person can recover as a result of a wrongful death. These damages can include medical and funeral expenses, loss of anticipated future earnings, loss of companionship and support, and more.
• Negligence: Negligence is a legal theory of liability which holds that a person can be held liable for injuries or death caused by their failure to act with reasonable care. Reasonable care is defined as the level of care a reasonable person would have taken in similar circumstances.
• Wrongful Death Statute: This is a law which sets out the rights and remedies for surviving family members if a death is caused by the negligence or wrongful act of another. These laws vary from state to state and provide guidance as to how a wrongful death case should be pursued.
• Causation: Causation is the legal theory of liability which holds that a person can be held liable for injuries or death caused by their actions. In order to prove causation, the plaintiff must show that the defendant’s negligent or wrongful act was the direct cause of the victim’s death.
• Burden of Proof: The burden of proof is the legal requirement that a plaintiff must meet in order to prevail in a lawsuit. In wrongful death cases, the plaintiff must prove that the defendant was negligent or acted wrongfully and that the negligence or wrongful act caused the victim’s death.
• Comparative Negligence: Comparative negligence is a legal theory of liability which holds that a plaintiff’s damages can be reduced if they are found to be partially at fault for their own injury or death. Each state has its own laws regarding comparative negligence, so it is important to consult an experienced wrongful death attorney for advice on how it may apply in your case.
• Statute of Limitations: The statute of limitations is the legal time frame in which a plaintiff must file a wrongful death lawsuit. Each state has its own statute of limitations, which can vary depending on the circumstances of the case. It is important to speak with an experienced wrongful death attorney as soon as possible in order to ensure that your case is filed within the applicable time frame.

A wrongful death case is a complex situation and it is important to have a thorough understanding of the key terms associated with the law. Having the knowledge of these terms can help the family of the deceased make informed decisions when pursing a wrongful death claim. An experienced wrongful death lawyer can provide the family with the legal representation they need to recover the compensation they are entitled to.