Who Can File a Wrongful Death Claim?
Did you know that medical malpractice alone results in over 90,000 deaths annually in the US? If your loved one died and you want to hold someone accountable due to their negligence or wrongdoing, you can file a wrongful death claim.
A wrongful death claim lets bereaved loved ones pursue justice and monetary recompense for their loss. Usually, the surviving spouse, children—both biological and adopted—and parents of the deceased have the main right to bring a wrongful death action; however, the precise regulations differ from state to state according to the American Judicial System.
Wrongful death lawyer James Durbin says you need to consult a compassionate lawyer to hold the responsible person accountable for the wrongful death of your loved one.Â
Let’s look at the process of filing a wrongful death claim.
Overview of Wrongful Death Claims
A family member of a deceased person who died due to someone else’s irrational or substantial act can sue for wrongful death. This legal process lets you seek or demand compensation for the unjust passing of your loved one.
There are many wrongful suits for motor vehicle accidents, medical malpractice, and criminal wrongs. Claims include funeral costs, lost income, and loss of a companion in life. Determining and filing the case is crucial because each state has its statutes and set time limits. For instance, under Michigan medical malpractice laws, victims or their families need to file the claim within two years from the date their injury occurred.
Be mindful of these limits to ensure that you’ll receive the compensation you truly deserve.
Immediate Family Members
For wrongful death cases, the nearest family members have the greatest legal standing to seek compensation. As mentioned, these can be spouses, children, and, in certain states, parents.
As a spouse, you may legally seek compensation, including but not limited to damages for personal suffering and financial support. Additionally, children or other minor dependents of the deceased individual may also have the right to initiate a lawsuit. This is particularly true for cases involving children in which the deceased parent was providing guidance and assistance.
Occasionally, following the death of their child, parents are legally entitled to start a lawsuit. Every state has its limit on filing a claim; thus, filing that claim as quickly as possible is extremely crucial.
A qualified lawyer can help you understand your rights and build your case to get the compensation you deserve. The sooner you consult a lawyer, the higher your chances of receiving maximum compensation.
Extended Family and Dependents
Depending on state laws, extended family members and dependents may also be able to file wrongful death claims. Grandparents, aunts, uncles, and siblings who were dependent on or close to the deceased are examples.
If you were dependent on the deceased, you may have a claim. Some states allow domestic partners—significant others— to file claims.
Knowing your state’s procedures and laws is crucial because they may differ. If you have a claim, an attorney can guide you through the process and ensure all steps are followed correctly.
Legal Representatives and Executors
If someone dear passes away and leaves a will, the executor named in it should be able to start a wrongful death action on the estate’s behalf. Such executors take charge of the deceased’s affairs and start legal action should negligence cause death.
As that executor, you must collect evidence, get expert advice, and rigorously adhere to all pertinent deadlines. Should there be no executor, the court might name a legal representative to process the claim.
Remember, no amount can replace your loved one, but knowing that you have given them justice by holding the negligent or aggressor accountable can bring you comfort and peace. This will help you move forward and deal with the pain that their passing brought you.