What to Know About Filing a Wrongful Death Lawsuit

couple filing for lawsuit

Do you know what a wrongful death lawsuit is? A wrongful death lawsuit is a legal action that is brought against an individual or entity whose negligent or intentional act caused the death of another person. Wrongful death lawsuits are typically filed by the family members of the deceased, who are seeking justice and compensation for their loss.

That said, if you’re wondering who can file for the lawsuit and when they can apply, keep on reading:

Who Is Legally Able to File for a Wrongful Death Lawsuit?

In most cases, a wrongful death lawsuit is filed by the personal representative or executor of the deceased’s estate. This individual is appointed by the court and is responsible for managing the estate’s assets and distributing them to the beneficiaries. The executor is also typically the one who files the wrongful death lawsuit.

In some states, certain family members of the deceased may be allowed to file a wrongful death lawsuit on behalf of the deceased. This typically includes spouses, parents, and children, although other states may allow other family members to file. In some cases, the executor of the estate may choose to delegate their authority to file a wrongful death lawsuit to a family member.

In addition, in some states, the deceased’s estate may file a wrongful death lawsuit, even if there is no personal representative or executor appointed. This is often referred to as a “survival action” and is intended to provide compensation for the survivors of the deceased.

When Do Wrongful Death Claims Apply?

While not every case applies for wrongful death claims, here are a couple of cases it does:

 

1. Car Accidents

When a car accident results in the death of a person, the family of the deceased may be able to file a wrongful death claim if the accident was caused by another driver’s negligence. This could be due to a driver texting while driving, speeding, or driving under the influence of drugs or alcohol.

2. Medical Malpractice

If a healthcare provider fails to provide adequate care and a patient dies, the patient’s family may be able to file a wrongful death claim. The claim must show that the healthcare provider’s negligence or recklessness caused the death.

3. Defective Products

If a person dies as a result of using a defective product, the family may be able to file a wrongful death claim against the manufacturer of the product. The claim must show that the product was defective and the defect caused the death.

4. Criminal Acts

If a person dies due to the intentional or negligent acts of another person, the family of the deceased may be able to file a wrongful death claim against the perpetrator.

5. Workplace Accidents

If a person dies as a result of a workplace accident, the family of the deceased may be able to file a wrongful death claim against the employer. The claim must show that the employer’s negligence or recklessness caused the death.

Conclusion

If you or someone you know has lost a loved one due to another’s negligence or wrongful act, it is important to understand your rights and explore whether a wrongful death claim is appropriate. An experienced attorney can help you determine whether you have a valid claim and guide you through the process of filing a claim.

Murray, Stone & Wilson offers professional attorneys to help injured victims and their families to get the compensation and justice that they deserve. If you are looking for a wrongful death lawyer, get in touch with us today!

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