Rosenbaum & Rosenbaum, P.C. | October 31, 2016 | Wrongful Death
Wrongful death suits, like many things in the legal world, are not entirely intuitive. There are many restrictions on who can bring these suits, what damages are recoverable, what claims you can add to the suit and other issues. This post will go over some of the questions inherent to wrongful death suits and, hopefully, bring some clarity to these complex problems.
A very common question is, can you bring a wrongful death suit if a person dies before they can bring a personal injury claim? The answer is that it depends. If the person died as a result of injuries sustained in the accident in which the personal injury claim arose, then that could give rise to a viable wrongful death suit. But, if the death is unrelated or is too far removed in time from the originating accident, then it is possible that no claim is present. A lawyer can review the situation and advise you on the proper course.
Another issue that arises, unfortunately, is what if an unborn fetus passes away? The answer depends on your particular state’s law. As a general rule, most states do not permit wrongful death suits unless the child was born alive. But there are also complicated rules regarding when someone is considered “alive” and for how long they need to be alive for these claims to arise. Again, a lawyer can go over the specific laws with you.
If you lost a loved one due to someone else’s action or inaction, you might want to speak with a lawyer. You may have a strong claim to pursue a wrongful death suit. The loss of a loved one is a serious blow from which many people never recover. In fact, for many, the idea of recovery money for the death of your loved one is complicated, at best. But it is important to remember that these funds are not about replacing your loved one, they are about enabling you and your family to grieve without worrying about the economic loss of your loved one. These claims can give your family the breathing room to heal.