Some preventable tragedies have immediate and obvious consequences. For example, if a car crash leads to on-site fatalities, the family members left behind know immediately that they need to look into their legal options.
Other times, incidents that cause wrongful death do not cause immediate fatalities. A person with a traumatic brain injury from a car crash might end up on life support in the hospital for weeks or even months. They may later succumb to their injuries, leaving behind grieving family members.
Does delayed mortality after a wrongful act or a situation caused by negligence impact the right to file a wrongful death lawsuit?
Delayed mortality does not prevent litigation
A lengthy hospitalization prior to an individual’s passing because of their injuries does not prevent the people left behind from filing a wrongful death lawsuit. If anything, the time provided allows grieving family members an opportunity to learn about their rights and prepare to take action.
Technically, the statute of limitations for a wrongful death lawsuit depends on the date of death, not the date of the incident that caused the death. Therefore, a delay in mortality does not prevent families from filing a lawsuit.
In scenarios where medical conditions caused by negligence or misconduct persist for months or years before an individual passes, staggering medical expenses could accumulate during that time. The lawsuit brought by those left behind could theoretically request compensation for the medical expenses of the decedent before their passing.
Survivors grieving a situation that eventually proved fatal may be in a position to file a wrongful death lawsuit. Holding the person or business at fault for a tragedy accountable can provide those left behind with closure and financial relief.