By now, you’ve probably seen the headlines about famous actor Jim Carrey being sued for wrongful death by his ex-girlfriend’s husband. You may be wondering what constitutes as wrongful death and how the Clark & Smith attorneys can help.
Contact Clark & Smith today if you believe your loved one suffered from a wrongful death.
After the unexpected death of a loved one, it can be difficult to focus on the future. If the death happened because of the negligence of another party however, you should take time to obtain the advice of an experienced lawyer to discuss your legal options.
Elements & Damages of Wrongful Death Lawsuits
There are many factors that contribute to a wrongful death lawsuit. During a lawsuit, the plaintiff must present:
- Proof of death (certificate)
- Evidence that negligence or misconduct occurred
- Evidence that family members suffered monetary loss
- An appointed representative for the deceased’s estate
After the plaintiff has presented these four elements, a court may award the victim’s family pecuniary damages (this includes the loss of support, inheritance, medical, and funeral costs). The court may also award the plaintiff punitive damages to punish the wrongdoer or to send a clear message to the public.
Wrongful death can arise from various situations such as murder, medical malpractice, car or airplane accident, and occupational exposure to hazardous conditions. As the family member of a fatal accident victim, you may be able to obtain compensation for lost income, medical costs, emotional distress, and other losses.
Time Frame to File Lawsuit
Depending on which state you live in, you usually have between one and three years to file a lawsuit after the death. Some states may allow additional time depending on the circumstances. Because wrongful death is such a serious matter, contact a Clark & Smith attorney today for professional advice and legal help.