What are these wrongful death claims, can survivors file a lawsuit, whom can they sue as well as what are the possible compensation the survivors can recover?
In the event that a person dies because of another person or entity’s fault, his survivors could file a lawsuit for a wrongful death. If this lawsuit is won, the survivors could be given compensation for financial losses such as lost salary compensation of the dead person and funeral costs among others.
What are these so called wrongful death claims?
When a person dies because of another person’s fault, a wrongful death claim could be filed against that person. It was during the last century when the state and federal courts have decided to pass a law concerning a wrongful death. Wrongful death includes a variety of mortality accidents such as any simple accident to the more complicated medical errors or malpractices. Any person, company or government entity can be held liable for such negligence.
Can survivors file a wrongful death lawsuit?
Anyone can file a lawsuit for a wrongful death. The survivors could assign a representative, usually the trustee of the deceased, to file on their behalf. These survivors are who we call the real parties in interest. Every state has its own list of possible real parties in interest.
- These include the immediate family members. They are the spouses and their children, who includes those adopted, as well as the parents of unmarried children who are victims of a wrongful death.
- The list also includes the life partners, his dependents and even the common law spouses.
- The brothers or sisters or grandparents of the deceased can also file for the lawsuit as permitted in some states.
- Other persons not related to the deceased who suffered from the wrongful death because of lost support can also file for the lawsuit.
- When the deceased is a fetus, some states allow the parents to file for a lawsuit. However, there are some states which do not consider the deceased of a fetus a wrongful death. These states only allow parents to file a suit if the child was born and then died after birth. Better to consult a lawyer who is expert on this matter to determine whether you can have a ground for filing a lawsuit.
Who can you sue for a wrongful death?
What a Wrongful Death Claim Entails?
Anyone can be sued for a wrongful death of another person. It can be another person, a company along with its employees and a government agency along with its employees. To cite an example, a car accident involving a drunk driver in a road still under repair, a person may file a lawsuit against the following:
- The drunk driver or his employer
- A government representative for not providing enough warning signs about the danger of the road under repair.
- The car manufacturer or its distributor if the car is new and failed to perform well, or the installer of vehicle parts if the car was previously repaired and malfunctioned because of faulty job done.
- The person who sold the alcoholic beverage to the driver
- The owner of the place where the alcoholic drink was served
The contractor or builder in charge of the road repair.
Cases Handled By Wrongful Death Attorney
There are cases where some individuals are exempted from being files a wrongful death lawsuit. These individuals or entities vary from different states. Some immunity which may need the decision of the Supreme Court includes those involved in railroad accidents and some cases of product liability.