Wrongful death suits are brought by survivors of a victim against the party responsible for the death. These suits may be brought against individuals, government agencies and businesses. The burden of proof is lower than in a criminal case, but prosecution and litigation aren’t mutually exclusive. A person may be sued for a wrongful death in Paulding County in a civil court, and brought to a criminal trial as well.
Who Can Bring a Wrongful Death Suit?
In many cases, only a person’s immediate family members may bring litigation. Some jurisdictions include life or domestic partners, or common law spouses. In some cases, extended family members may be eligible.
Which Actions May Result in Wrongful Death Litigation?
Responsibility for another person’s death may arise from a variety of actions. A person or business’ careless or negligent acts, reckless conduct, or intentional behavior can leave them vulnerable to a wrongful death suit.
Damages Available in Wrongful Death Cases
A family member filing suit against an organization or person can typically collect for funeral and medical bills, lost earnings potential, lost benefits, loss of services and goods, lost inheritance, loss of companionship and lost care. In cases of egregious or intentional conduct, punitive damages may be given.
Filing Suit
Every jurisdiction has a statute of limitations, which limits the time in which one can bring a suit. If the case is delayed, the family will be prohibited from further litigation. The countdown starts on the day of death, and it typically lasts for at least one year. Consult a local attorney to learn more about the state’s statute of limitations.
Tolling
If negligence was not found as an immediate cause of wrongful death in Paulding County, some jurisdictions extend the statute of limitations. Consult a local lawyer for advice on tolling the statute.
Finding Legal Help
If a family member died because of someone else’s actions, the survivors should talk to an attorney to learn how to preserve their legal rights and potential remedies. An attorney with Website Domain can explain the case’s merits, and they can help the family get through the legal process.
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