(Newswire.net — June 30, 2020) — If you’ve lost a loved one – such as a spouse, child, or parent – as the result of someone else’s negligence, then you’re feeling an array of emotions. And while these emotions will be raw for years to come, it’s important to take a step back and analyze the situation as objectively as possible.
What is a Wrongful Death Suit?
According to FindLaw, “A wrongful death lawsuit can be filed when a person dies as the result of the negligence or wrongful act of another person. In the case of an intentional or negligent homicide, the prosecutor may bring charges and commence a criminal trial against the responsible party.”
The family of the deceased person may also have a civil remedy when filing a wrongful death lawsuit against an individual, institution, or corporation responsible for the death.
According to Ward & Barnes, P.A., a firm that works closely with families who have lost loved ones in wrongful death suits, wrongful death suits can help you recover both economic and non-economic losses caused by the death. This may include any combination of funeral expenses, medical expenses, pain and suffering, loss of companionship, loss of income and wages, loss of future earnings, general damages, loss of inheritance, and loss of benefits.
What Circumstances Usually Lead to Wrongful Death Suits?
Any number of circumstances can lead to a wrongful death lawsuit, but some of the most common instances include motor vehicle accidents, medical malpractice, defective products, nursing home abuse, intentional criminal actions, and premises liability.
Who Can File a Wrongful Death Suit
One of the most important considerations is who can file a wrongful death lawsuit. And while each state has its own specific rules and requirements, here’s a quick breakdown of some of the general stipulations:
- In every state, immediate family members are able to bring for a wrongful death claim. (Though only one claim may be pursued.)
- If the deceased individual was married, the surviving spouse is typically the one who brings the lawsuit.
- If the decedent was an adult, many states permit an adult child to bring the lawsuit.
- Some states permit a member of a civil union or domestic partnership to bring a wrongful death lawsuit on behalf of the deceased partner.
- If the decedent is an unmarried adult with no adult children, most states allow more distant family members – like siblings, grandparents, or aunts/uncles – to file the lawsuit.
It’s also important to consider whether or not the decedent had a will.
“If a person dies with a will, a court will usually appoint an executor or personal representative to administer the estate,” Nolo mentions. “In most states, if the court appoints an executor or personal representative, that executor or personal representative has the sole right to bring a wrongful death lawsuit on behalf of the decedent.”
Every state has its own laws regarding statutes of limitations, which set time limits and deadlines on the right to file a wrongful death suit. Statutes of limitation span a side range, but no state has a deadline shorter than one year. However, it’s never a good idea to extend the process and wait too long. Filing a wrongful death lawsuit as quickly as possible will ensure the responsible parties are put on notice.
Who Cannot File a Wrongful Death Lawsuit?
Just as there are certain individuals who are permitted to file a wrongful death suit, there are people who are not allowed to. This includes:
- Those who are not related and/or were not dependent on the decedent for financial support and services are unable to file a suit.
- If the decedent has a surviving spouse and/or minor children, a wrongful death lawsuit cannot be filed on behalf of the parents of an adult child.
- A wrongful death lawsuit may not be brought forth if it’s shown that the death was due to natural causes and/or the decedent’s intentional acts. (This includes a car accident where the deceased individual was responsible.)
If you’re unsure of whether or not you can bring a wrongful death lawsuit, it’s best to consult with a lawyer who practices in your state. The right legal counsel will help clarify any confusion and point you in the right direction.
Finding Healing After the Death of a Loved One
Whether it’s a spouse, child, parent, or grandparent, the death of a loved one is never easy. Compound it with a senseless act and emotions range from anger and bitterness to grief and regret. A wrongful death lawsuit won’t bring back your loved one, but it can help offset some of the practical and financial consequences. Consider speaking with an attorney today.