A wrongful death occurs when one person dies as the result of another person's wrong-doing. The act that causes the death may be intentional, such as aiming a gun at someone's head and pulling the trigger, or it may be accidental, like speeding or driving under the influence.

Other common causes of wrongful deaths include medical malpractice, dangerous products, such as highly flammable clothing items, or dangerous premises, such as keeping a poorly trained attack dog on the property. If you believe your loved one has died as a result of someone else's wrongdoing, you have legal options

The Wrongful Death Lawsuit

If your loved one has an estate open, the executor of the estate will file a wrongful death lawsuit. If there is no estate, you may still be able to file a lawsuit if you are an heir or a dependent of the person who died. Consult with an injury attorney to find out exactly what your rights are.

A wrongful death lawsuit may have many defendants. For instance, if your loved one died in a car accident, the executor of the estate may sue the person who was texting when he or she hit your loved one's car, the emergency room physician who did not identify your loved one's life-threatening injuries quickly enough and the manufacturer of the car your loved one was driving because the airbags failed to deploy.

Every state has a deadline by which you must file a wrongful death lawsuit. This deadline is known as a statute of limitations. In most states, the statute of limitations is two years after your loved one's death, but it's not a good idea to wait until the very last minute to file. Instead, talk with an attorney as soon as you suspect you have a case.

Consulting an Attorney

If you are planning to file a wrongful death suit, your attorney will probably advise you to have your loved one's body autopsied, or if an autopsy has already been done, to obtain the coroner's report. An autopsy can show an exact cause of death and help you pinpoint who really is responsible for negligence leading to your loved one's demise.

Next, your attorney will closely examine the circumstances of your loved one's death. He or she will look at medical records and police reports and may talk to people who witnessed the events in question.

Before filing a wrongful death lawsuit, your attorney has to be confident that he or she can prove to a court that the person or people who caused your loved one's death either acted intentionally or failed to exercise the proper care that the situation required. After looking into the facts surrounding the case, your attorney can advise you whether or not it would be profitable to proceed with a wrongful death action.