An Overview on Wrongful Death Claims

When a person dies due to the negligence of another, the victim’s survivors may have the opportunity to bring forth a wrongful death claim against the liable party. When the victim’s survivors seek to bring forward a claim for the wrongful death, the suit seeks restitution for their sudden loss, any loss of income they benefited from the victim, funeral costs, and the unfortunate loss of companionship.

Wrongful death claims can be complex and even stressful to plan and carry out. If you or someone you know looks to file a wrongful death claim over the sudden loss of a loved one, consider speaking to a qualified attorney. An attorney will understand the various factors that are involved in the process.

Wrongful death claims can be beneficial to those who are struggling to recuperate from the sudden loss of a loved one. It is important to mention, however, that not everyone is entitled to file a lawsuit. Further, there are specific parties that can be held liable for the victim’s death and other parties who could be immune to the liability. The following article briefly outlines some of the necessary factors needed to file a wrongful death suit.

Understanding the Basics of a Wrongful Death Lawsuit

A wrongful death case is brought forth when an individual passes away unexpectedly due to the legal error of another person or entity. A survivor’s legal right to file a claim for wrongful death is a significantly new notion. In the United States, state and federal courts have allowed the right to bring forth a wrongful death claim. Today, nearly every state has legislation that pertains to wrongful death claims in some way or another.

Wrongful death cases comprise of various forms of fatal accidents. This can include from simple auto accidents to more complex cases such as those of product liability. There are various entities that could be held legally responsible for someone’s death. These entities can include: people, corporations, and even certain government agencies.

Who Has the Right to File a Wrongful Death Claim?

There are certain parties who may be legally eligible to file for a wrongful death lawsuit. These parties include, but are not limited to the following:

1. The Victim’s Close Family Member
   1. In the United States, every state allows close family members the ability to recover under wrongful death claims. This includes the victim’s former husband or wife, children, adoptive children, and the parents of unmarried victims.
2. The Victim’s Partner, Putative Spouses, and Other Financial Dependents
   1. Depending on the state or jurisdiction, a life partner or domestic companion, those who were economically reliant on the victim, and a putative spouse has the legal right to seek restitution. This is not the case for every state, therefore, those who seek to file a suit should consider speaking to a qualified attorney who has a clear understanding of the requirements needed to file a case against the negligent entity.
3. Distant family members
   1. Certain states allow a victim’s distant family members to file a wrongful termination claim. These individuals include, but are not limited to: the victim’s siblings or grandparents.

Who Can Be Held Responsible for a Victim’s Wrongful Death?

Wrongful death case can be presented against various individuals, corporations, or government agencies. For example, the survivors of a pedestrian who was hit by a vehicle can file a case against:

The negligent driver;

The manufacturer of the vehicle’s brakes that were dysfunctional when the driver attempted to yield;

The city who failed to maintain safe roads; or

The homeowner who did not abate the overgrown weeds on his or her property that impaired the driver’s visibility.

It is important to note that there are several agents who cannot be held liable for a person’s death and are therefore immune to a wrongful death claim. The individuals who may actually to be legally liable can vary from state to state. Depending on the state, certain government agencies or even family members cannot be held liable for a person’s death.

The Bottom Line

Wrongful death claims can be highly complex and a difficult matter to understand, especially because the rules and regulations pertaining to wrongful death claims can vary from state to state. One of the most important elements pertains to the issue of time. There are certain time restrictions that those who look to file a claim must abide by. If you or someone you know seeks to file a wrongful death claim, consider speaking to an attorney who can guide you through the process. 

The attorneys at the Nehora Law Firm are highly qualified in wrongful death claims. They have assisted many victims' family members to recover compensation for the grievances caused by the victims' deaths.

About the Author:

Nehora Law Firm