If a loved one died due to suspected medical negligence, do I have the right to file a wrongful death lawsuit and seek compensation?
It is important to note that a person’s rights do not end when they die. Whenever there is negligence, their survivors are legally permitted to file a legal claim. That said, only certain individuals are provided this right. This typically includes immediate family members such as children, the wife or husband, or their parents. However, some states even allow close relatives such as grandparents, siblings and cousins to file this claim as long as they can show that they were financially dependent on the individual.
In wrongful death claims, you can recover burial or funeral expenses, loss of future income, loss of consortium or companionship, pain and suffering, and even punitive damages if the actions of the healthcare provider were particularly egregious. You have from 1 to 3 years of the demise of your loved one to file a wrongful death claim according to most states’ statute of limitations, so time is of the essence.