Wrongful Death Lawsuit In 2024
Few highlights of wrongful death law:
- The main objective of a wrongful death suit is financial compensation for the survivors of the loved one and to comfort those who were affected by the tragedy.
- You can also file a request for financial support for a spouse or dependent children.
- The civil lawsuit must prove that the victim died due to the wrongful actions of others.
- The statute of limitations on a wrongful death lawsuit is within 2 years of the deceased’s death in most states, but is longer in other circumstances.
Elements of a wrongful death Claim :
The defendant must be shown to have had a duty of some sort to prevent harm to the plaintiff.
Breach of duty
The plaintiff must prove that the defendant breached such duty.
The defendant’s breach of the duty directly caused the claimed harm the plaintiff is stating.
Plaintiff did pass away from the defendant’s breach in their duty towards them.
Who can sue for a wrongful death claim?
- A personal representative of a deceased partner, parent, child, or guardian.
- A personal representative of the deceased estate.
- Any surviving child of the deceased.
- If Any surviving spouse of the deceased.
- Any surviving parent or guardian of the deceased.
What damages to claim in a wrongful death lawsuit?
The first category of the damages claimed in a wrongful death lawsuit is usually paid out to the estate and then distributed in accordance with the deceased’s will. It includes:
- Funeral and burial expenses.
- Cost of lost wages.
- Medical bills, including any emergency care related to the deceased’s final treatment.
- Pain and suffering endured by the deceased before their death. A
- Property damages from which the deceased died.
The second category of damages are paid directly to the family members. It includes:
- Loss of care, companionship, and guidance.
- Lost value of the household services performed by the deceased.
- Pain and sufferings due to the untimely death of a loved one.
Is money from a wrongful death lawsuit taxable?
In general, the IRS considers all damages from the wrongful death lawsuit to be compensated for physical injuries. Nevertheless, it means they are tax-free for the survivors of the deceased.
However, the settlement can be taxed if it pushes the value of the deceased estate higher than the federal estate tax exemption.
At this stressful and emotion-laden time, Ethen Ostroff and his networks guide surviving family members through the complex legal maze. Besides, our dedicated lawyers will help you secure compensation for the devastating losses.
If you want a lawyer who cares about you and the outcome of your case, pick Ethen Ostroff. He and his network will ensure you get every dollar possible for what you went through.