24 Hour Toll Free Help

Can a Personal Injury Lawsuit be Filed if a Person Dies Before Filing It?

You may be a family member of a person who was the victim of a personal injury. Your family member was injured as a result of someone else’s reckless or negligent behavior. It may have even been a deliberate or willful act on the part of someone that caused your family member’s personal injury.

As a result of your family member’s personal injury, they decided to file a personal injury lawsuit. A personal injury lawsuit is simply a legal action that is brought in court by a person who has been injured either physically or emotionally by the negligence of another person or entity.

What if your family member dies before they could bring the personal injury lawsuit? Can a personal injury lawsuit still be filed? And, if so, can you or another family member file the personal injury lawsuit?

Although personal injury laws vary from state to state, it depends on whether the death of your family member came about as a result of the injuries that they sustained in the accident or from other unrelated causes. If your family member’s death was the result of the accident, your family member’s death is then considered by the law to be a “wrongful death.”

A wrongful death is an unnatural death. It is a death that should not have happened. It is a death that came as a result of someone else’s negligent or willful act.

Just as it is with personal injury laws, wrongful death laws also vary from state to state. However, if you are a spouse, child or parent of the deceased, you are allowed to recover monetary damages by filing a wrongful death lawsuit or claim.

Keep in mind, the wrongful death case can be won through preponderance of evidence, which is a lower threshold of proof then beyond a reasonable doubt, which is used in a criminal case. Some wrongful deaths may also be considered criminal actions including homicide, manslaughter, DUI death, but if the defendant is not criminally charged for the death this does not eliminate the family’s right to file a civil claim to recover damages for the wrongful death.

Personal injury claims, including wrongful death claims, will have a statute of limitations in all states. For instance, California injury laws allow personal injury claims to be filed within 2 years from the date of the injury (exceptions exist for medical malpractice cases). There also may be less time allowed to seek compensation if the injury occurred due to the negligent actions of the government or a government employee.

If you still have questions about whether you are one who is permitted to bring a personal injury lawsuit because your family member died before bringing it, the attorneys at www.personalinjuryplace.com are the ones who will have the answers to your questions. The attorneys at www.personalinjuryplace.com will give you the guidance and direction that you need. Do not wait. Go to the attorneys at www.personalinjuryplace.com without delay.