A wrongful-death action is a type of lawsuit filed by the survivors of a person who has died due to someone else's negligence or wrongful act. This legal action seeks to obtain compensation for the losses suffered by the deceased's family or dependents. The aim is to hold the responsible party accountable for the harm caused by their actions that led to the death.
Wrongful-death actions are primarily used in civil law. They allow family members or dependents to seek damages for emotional and financial losses resulting from the death of their loved one. These cases often arise from incidents such as car accidents, medical malpractice, or workplace accidents. Users can manage some aspects of these cases themselves, particularly through legal templates offered by US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
1. A family files a wrongful-death action after a loved one dies in a car accident caused by a distracted driver. They seek compensation for lost income, funeral expenses, and emotional distress.
2. (Hypothetical example) A widow sues a hospital for wrongful death after her husband dies due to medical negligence during surgery. She claims damages for the loss of companionship and financial support.
| State | Key Differences |
|---|---|
| California | Allows recovery for loss of companionship and emotional distress. |
| Texas | Limits recovery to economic damages unless the death was caused by gross negligence. |
| Florida | Requires that the deceased had a surviving spouse, children, or parents to file a claim. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Wrongful-death action | A lawsuit filed by survivors for damages due to a death caused by negligence. | Focuses on the death of a person and the impact on survivors. |
| Survival action | A lawsuit filed on behalf of a deceased person's estate for damages they could have claimed if they had lived. | Concerns claims that the deceased could have pursued, rather than those of the survivors. |
If you believe a wrongful-death action applies to your situation, consider the following steps:
In complex cases, it may be essential to seek professional legal assistance to navigate the legal process effectively.
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| Attribute | Details |
|---|---|
| Typical Fees | Contingency fees; attorney fees are often a percentage of the recovery. |
| Jurisdiction | Civil courts in the state where the death occurred. |
| Possible Damages | Medical expenses, funeral costs, lost wages, and emotional distress. |
Typically, immediate family members such as spouses, children, or parents can file a wrongful-death action.