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3 requirements for wrongful death lawsuits

On Behalf of | Nov 8, 2024 | Personal Injury |

Wrongful death lawsuits are often the last form of recourse available to grieving families. When someone dies unexpectedly and another party is clearly to blame, survivors may be able to pursue a wrongful death lawsuit.

A successful wrongful death lawsuit can lead to financial compensation for both economic and non-economic losses related to one party’s premature passing. There are several key requirements for a successful wrongful death lawsuit.

Timely legal action

Like most other forms of civil litigation, wrongful death lawsuits are subject to a strict statute of limitations. People must initiate the lawsuit quickly or risk losing the right to do so. In Illinois, for example, the statute of limitations for wrongful death lawsuits is two years from the date of an individual’s death. The personal representative of the estate must file the lawsuit. In Louisiana, it is only one year from the date of death. Specific close family members are typically the ones to initiate litigation in Louisiana.

Proof of misconduct or negligence

Families sometimes mistakenly believe that they can only take legal action in scenarios where the state has charged another party for the tragedy. However, successful criminal charges are not necessary for a wrongful death lawsuit. The standard of evidence is lower in the civil courts than in the criminal courts. Plaintiffs simply need to show that a preponderance of the evidence shows that either omissions, negligence or wrongful acts mean the defendant is to blame for a loved one’s untimely passing.

Information about losses

People can’t just request as much compensation as possible in a wrongful death lawsuit. They need to seek a specific amount of compensation based on provable losses. Medical invoices, proof of prior earnings and even records of unpaid services provided by the deceased can help those pursuing wrongful death lawsuits establish a reasonable amount of compensation to request.

Grieving families often have a difficult time taking legal action and may need help if they hope to seek justice through a wrongful death lawsuit. Getting help as early as possible may improve the chances of success when trying to hold an outside party responsible for a tragedy.