Questioning Your Rights With Regard To Wrongful Death Claims

Dealing with a wrongful death lawsuit is a traumatizing ordeal. Here are the answers to some of the most frequently asked questions about wrongful death lawsuits and claims.

What is a wrongful death lawsuit?
A wrongful death lawsuit is a case brought upon a negligent party by the family members of the deceased, who have been injured due to the death of their family member. Definitions of wrongful death can vary from state to state, but all states have some type of statute which will allow a wrongful death claim to be filed.

Can anyone file a wrongful death lawsuit?
Eligibility to file a wrongful death lawsuit can vary from state to state. In some cases, only a persons spouse or children will be eligible to file the claim. In other states, extended family such as grandparents or other close family members are allowed to pursue a claim as well.

Is there a statute of limitations on a wrongful death lawsuit?
There is typically a time frame in which you must file a wrongful death lawsuit, called a statute of limitations. If your claim is not filed during this time, you will lose your eligibility to file for good. The statute of limitations varies from state to state, so if your loved one has passed and you feel you have a wrongful death claim, you should contact an attorney immediately to find out what your options are.

What are survival statutes in a wrongful death lawsuit?
If a person files a wrongful death lawsuit due to the loss of a loved one, and that person then dies before the lawsuit is concluded, the surviving family members of that person may choose to continue with the suit, and receive the compensation themselves.

Are medical malpractice and wrongful death the same thing?
While a wrongful death can occur from the result of medical malpractice, the two do not always go hand in hand, and are not the same thing. A person can sue for a wrongful death claim resulting from medical malpractice, but a medical malpractice suit can also be filed for someone who has not died.

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About the Author:
Medical malpractice, auto accidents, and other instances of negligence can have devastating outcomes. If someone you love has been killed by the negligence of another party, speaking with wrongful death attorneys is the first step in protecting your rights.

Article Originally Published On: http://www.articlesnatch.com

Tags: wrongful death , frequently asked questions , lawsuits , statute of limitations , medical malpractice , attorney

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