Featured News 2019 Who Can File a Wrongful Death Claim?

Who Can File a Wrongful Death Claim?

Wrongful death lawsuits are typically filed by family after their loved one passes away due to negligence or a preventable ordeal. Unlike criminal charges, wrongful death suits do not accuse the company or defendant of an illegal occurrence. Instead, it accuses the of negligence and failing to prevent the incident which caused their loved one to die.

Wrongful death claim seek compensation for things such as:

  • Loss of consortium
  • Loss of wages
  • Cost of medical bills
  • Funeral costs
  • Pain & Suffering

A person must prove their relation to the decedent to file a wrongful death claim and that they have a "standing" in the case. In other words, they must show that they've suffered because of the death of another person. Harm often includes emotional damages but is most frequently associated with monetary losses caused by the death of a person. For example, if a person relied on the income of their deceased spouse, they can sue negligent parties for the loss of income.

Which Relatives File Wrongful Death Cases?

Normally, the people who file wrongful death lawsuits are immediate, close relatives. This includes children who lost their parents, a person who lost their spouse, or the parents of a deceased child. Most states have laws dictating who can file a wrongful death claim. So, speaking with an attorney is important to determining if filing a claim is a possibility.

Those who can file a wrongful death claim include:

  • Spouses
  • Children
  • Parents
  • Grandparents
  • Dependents of the decedent

Adult children may have a hard time filing a lawsuit regarding the wrongful death of a parent. This is because wrongful death claims are designed to help the plaintiffs deal with financial losses. Typically, when an adult child's parent passes away, the finances are already separated and there is not any cognizable monetary injury suffered. Adult children are typically financially independent from their parents. Instances

Negligence: Another Important Factor in a Wrongful Death Case

Having a relationship to someone who has died is not the only part of a wrongful death case. Family members also must prove that those they are filing a claim against were negligent and, had they acted responsibly, could have prevented the death of their loved one.

An attorney will help your family prove that your loved one's death could have been prevented. Use our directory today to find an attorney who will fight for answers for you and your family.

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