Who Can File a Wrongful Death Claim?

Wrongful death is the most painful thing to experience when you lose someone due to another person’s negligence or intentional actions. It is a devastating experience and takes a huge emotional toll on the near and dear ones of the victim. It can also lead to severe financial difficulties for the family members, and thus, there is an option of filing a claim for compensation.

Here, the question arises: who can file the compensation claim in a wrongful death lawsuit? So, in this article, we will explore the intricacies of personal injury law in wrongful death cases. You can learn more in this article and understand the significance of claims for compensation in wrongful death cases.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is filed when a person dies due to negligence or intentional actions of another person or entity. In such scenarios, the immediate family members can file wrongful death lawsuits against the negligent person. The primary purpose of the lawsuit is to hold the responsible party accountable for their actions and provide compensation to the surviving family members for the loss they have suffered.

Who can File a Wrongful Death Claim?

When we are talking about wrongful death claims, it is filed by the surviving spouse of the deceased person, children or grandchildren, parents of the deceased, or siblings. If there is a case in which there are no surviving family members, then there will be a personal representative of the estate who will be eligible to file the lawsuit. It is important to note that the eligibility to file a wrongful death lawsuit may vary by state, so it’s essential to consult an experienced lawyer and gain knowledge regarding the eligibility to file a lawsuit. They will explain to you in detail your rights and options for wrongful deaths.

What are Important Factors to Consider While Filing a Wrongful Death Claim?

Strength of a case: You can get the help of an experienced attorney to know what the strength of your case is and whether it is a strong case or not. The strong case will be determined by the evidence and circumstances surrounding the death of your loved one.

Statute of limitations: There are statutes of limitations in personal injury cases, and similar limitations exist in wrongful death claims. If you are filing the lawsuit after the stipulated period, then there is no permission to file such claims. Therefore, you must be filing the case immediately after the death of a person.

Potential damages: Wrongful death compensation cannot bring back a life, but it will cover some other damages such as medical bills, funeral costs, lost income, and pain and suffering.