Chevy Cobalt Wrongful Death Lawsuits – Family Members Right to Compensation
According to the latest reports more than 300 individuals may have died due to General Motors vehicles ignition switch defects resulting in the loss of control of vehicle and subsequent accidents. Vehicles involved in the recall include the Chevrolet Cobalt, Saturn Ion, Pontiac G5 and Solstice, and the Saturn Sky. Family members of loved one who perished in auto accidents caused by vehicles ignition switch defects are entitled to compensation vial the filing of wrongful death claims against manufacturers and distributors of faulty vehicles.
Who Is Able to File Such Lawsuit Against GM – Relatives Right to Recovery
Differing rules apply to who has the right to file a wrongful death lawsuit based on the jurisdiction where the case is to be tried in. For examples the state of California Wrongful Death Statutes states that a cause of action for the death of a person caused by the wrongful or negligent acts of another maybe asserted by, ” The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.” More information here
Types of Recovery Available in Wrongful Death Lawsuits: The types of compensation available in wrongful death claims is dependent on the specific laws of the jurisdiction where the case is to be tried is. Generally, relatives of individuals who have died due to a faulty consumer product may be entitled to recovery for the following..
- Funeral expenses.
- Medical expenses of the deceased individual.
- Recovery for the loss of earnings of the deceased person.
- Mental anguish including pain and suffering of the family members.
- Loss of consortium of the husband or wife of the deceased person.
Punitive Damages: In the vast majority of jurisdictions punitive damages are not compensable in wrongful death actions.
Statute of Limitations for Filing a Wrongful Death Lawsuits Against GM – Do I Still Have Time
The statute of limitations for filing a wrongful death lawsuit is based on the laws of the jurisdiction where the harm took place. For example the filing deadline for a personal injury claim including wrongful death actions in the state of California is two years from the date of the incident. While in the state of Kentucky it is one year from the date of the accident. We have compiled a list of the filing deadlines for GM auto defect lawsuits for all 50 states and jurisdictions here..
Exceptions to the Filing Deadline – Tolling of the Statute of Limitations: In many instance courts will allow for the filing of a wrongful death lawsuit even the time period has passed. Some exceptions which may pertain to cases involving General Motors defective auto ignition systems include..
- The plaintiff did not know that the harm or the death of a loved one was the result of a defective product produced by the at fault (negligent) party.
- Fraud and deceit on the part of the liable manufacturer so as to entice the family members of those who perished to not file a lawsuit against them in the court of law.
Legal Assistance Available: Our law firm is doggedly pursuing lawsuits on behalf of individuals who have suffered a family tragedy due the wrongful actions of General Motors. If you have any further legal questions regarding the filing of a wrongful death lawsuit contact our law offices. All legal consultations regarding your case is provided by our attorneys free of charge.