A wrongful death claim is filed after someone dies due to the fault of another person or entity. An example of an entity would be the car manufacturer who had faulty equipment, or an unsafe bridge which collapsed. The survivors of the deceased have legal status and may be able to bring forth a civil action lawsuit. This type of lawsuit is filed to seek compensation for the survivors’ loss, which include things such as lost wages from the deceased, loss of companionship, and final expenses. Prior to filing a wrongful death lawsuit, you should have a good understanding of what the lawsuit actually is, whom you can sue, and what type and amount of damages you may expect to recover.
A wrongful death lawsuit can be filed when a person has died due to the legal fault of another person or entity. Every state in the United States has some kind of negligent death law. Claims such as these can involve any type of fatality, which can range from fairly routine auto accidents to extremely complicated medical malpractice. Product liability cases in particular can be exceptionally long and quite difficult. Lawsuits can be filed against real persons, to companies, and even governmental agencies. Basically, anyone who can be found to be legally at fault for acting negligently and/or for acting intentionally can be sued in a negligent death lawsuit. The definition for negligence is failing to act as a reasonable person would have acted.
A wrongful death claim can be filed by a personal injury lawyer or representative who is acting on behalf of the survivors of the deceased. This might include
immediate family members such as spouses and children. Parents of unmarried children can file to recover under wrongful death actions. In some states, a domestic partner or anyone who was financially dependent on the deceased have a right of recovery. In some states, distant family members, such as brothers, sisters, and grandparents, are legally allowed to bring wrongful death lawsuits. For example, a grandparent who is raising their grandchild may be able to bring an action if the child’s parent is deceased.
Civil action lawsuits can be brought against numerous defendants. In a car accident which involved a faulty roadway and a drunk driver, a wrongful death action might include several defendants including the driver or employer who was at fault for the car accident, the designer and/or builder of the faulty roadway, the person who sold, or gave alcohol to the drunk driver, or the owner of the premises where the alcohol was served.
A wrongful death lawsuit will not bring back the person who died, but the settlement of the case can result in an easing of the financial pressures which were caused by the negligent actions . A personal injury lawyer will help you determine if you have the legal basis for filing a wrongful death lawsuit.