A wrongful death suit is a case in which someone has been killed by another person’s unreasonable or negligent act. See, Action for wrongful death. Wrongful death cases can result from car accidents or other types of accidents.
What should you do when a family member has been killed in an accident?
You need to do 2 things when a family member has been killed in the accident.
Who is entitled to the money recovered in a wrongful death case?
The family members who are entitled to the money recovered in a wrongful death case are the:
What money can be recovered in a wrongful death case?
How much money can be recovered in a wrongful death case?
How much money can be recovered depends upon the victim’s age, health and income as well as the quality of the victim’s relationship with his relatives, usually surviving spouse and children, who are entitled to recover the damages awarded in the wrongful death case.
Determining how much money can be recovered requires the use of an expert economist.
How long do I have to file a wrongful death lawsuit?
A wrongful death lawsuit must be filed within 3 years after the date your family member died with some exceptions. See, Deadline to file lawsuit.
Can a wrongful death claim be settled?
Yes a wrongful death claim can be settled but the settlement must be approved by the court. See, Settlement Rules.
Gary R. Johnson is a Central Oregon attorney who has handled personal injury cases since 1994.