Wrongful Death Laws

Wrongful death laws differ by state; there is no federal laws that govern wrongful death actions. As a result, you will need to check with an attorney in your state about the possibility of a wrongful death action based on the particular facts of your case. However, every state's laws do provide for wrongful death claims when a person dies unnaturally due to the actions of another. All state wrongful death laws have time limits in which wrongful death claims can be filed, which are called statutes of limitations; these time limits may range from one to three years. In most states, the survivors, or the immediate family members of the victim are eligible to bring a wrongful death suit, or whoever has been designated personal representative of the victim's estate. Where no survivors such as a spouse and/or dependent children exist, there are some states in which parents, or adult children of a victim can file a wrongful death lawsuit.

Fast Facts

  • In 2006, there were 5,840 deaths resulting from workplace accidents.
  • Crane accidents caused 72 construction site worker deaths in 2006.

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