A Look at the Parties Eligible to File a Wrongful Death Case

Wrongful death is, unfortunately, a common occurrence. A 2020 report on Statista estimated over 200,000 preventable injury-related deaths in the United States.

Losing a loved one is a painful experience, especially when the death could have been prevented. In such situations, family members might want to seek justice by filing a wrongful death case.

If you believe your loved one’s death was caused by someone else’s negligence, it’s important to talk to a wrongful death attorney. These professionals help you understand your rights and the steps you can take.

What is a Wrongful Death Case?

A wrongful death case is a type of legal action taken when someone dies as a result of another person’s wrongful act, negligence, or misconduct. The primary aim of this legal action is to hold the responsible party accountable for their actions. This lawsuit is typically filed by the deceased person’s family members or representatives to seek compensation for the losses they have suffered due to the untimely death. These losses can include:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost income
• Emotional suffering

In a wrongful death case, the plaintiff must prove that the defendant’s negligent or intentional actions directly caused the death. Evidence such as medical records, witness testimonies, and expert analysis is often used to build a strong case. Bear in mind that each state has its laws and regulations governing wrongful death cases. Therefore, it is essential to consult with a wrongful death attorney to navigate the legal complexities.

Who Can File a Wrongful Death Case?

Not everyone can file a wrongful death case. The law restricts this right to certain parties. Below are the common parties eligible to file such cases:

Immediate Family Members

The most common parties eligible to file a wrongful death case are immediate family members. This group includes the spouse (husband or wife), children (both minor or adult) or parents of the deceased (in the case of a minor).

Life Partners and Financial Dependents

In some states, life partners and financial dependents of the deceased can also file a wrongful death case. This can include unmarried couples who lived together and had a long-term, committed relationship or an elderly parent who relied on their support.

Distant Family Members

In certain cases, more distant family members can file a wrongful death lawsuit. This might include siblings who were close and dependent on each other. Grandparents may have the right to do so in case a grandchild dies.

Executors or Personal Representatives

The person who is responsible for managing the deceased’s estate, known as the executor or personal representative, can file a wrongful death claim on behalf of the estate. This person is usually named in the deceased’s will or appointed by the court if there is no will.

If you are confused about whether you are eligible to file a wrongful death lawsuit, speak with a lawyer. They can guide you through the claim process and secure compensation for your losses.