Survivors rights
Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience. In such tragic situations, survivors may wonder if they have the right to seek justice through a wrongful death lawsuit. There are several individuals who can file a wrongful death lawsuit using a variety of legal avenues.
Surviving family members
Surviving family members of the deceased file most wrongful death lawsuits. Typically, these family members include:
- Spouses: A surviving spouse has a clear legal right to file a wrongful death lawsuit. They are closely associated with the deceased and often rely on them for financial and emotional support.
- Children: Minor children and adult children of the deceased can typically file wrongful death claims. This includes adopted children, stepchildren, and sometimes, even nieces and nephews if they are financially dependent on the deceased.
- Parents: In some cases, parents may file a wrongful death lawsuit. Particularly if the deceased had no surviving spouse or children.
Financial dependents
Apart from immediate family members, individuals who were financially dependent on the deceased may also have the legal right to file a wrongful death lawsuit. This can include:
- Domestic partners: In states that recognize domestic partnerships, the surviving partner may have the right to file.
- Common-law spouses: Common-law spouses may be eligible to file a wrongful death lawsuit. They must prove they were in a marital relationship with the deceased.
- Putative spouses: Putative spouses are individuals who had a good-faith belief that they were legally married to the deceased.
Personal representatives
If there are no surviving family members or financial dependents, the deceased’s personal representative or executor of the estate may file a wrongful death lawsuit on behalf of the estate. Any damages recovered would then be distributed to the deceased’s heirs according to the will or state law.
Special circumstances
Certain situations may allow for less common parties to file a wrongful death lawsuit:
- Distant relatives: Distant relatives who can prove that they were financially dependent on the deceased may file a claim.
- Legal guardians: Guardians of minors or legally incapacitated adults who were financially dependent on the deceased may have a legal basis for filing a wrongful death lawsuit.
- Beneficiaries: Individuals or organizations named as beneficiaries in the deceased’s will or life insurance policies may have the right to file a wrongful death lawsuit.
Multiple parties
In some cases, multiple parties may be eligible to file a wrongful death lawsuit. For instance, if the deceased had both a spouse and children, they may be entitled to file separate lawsuits. They can also combine their claims into a single action. It’s essential to consult with an attorney to navigate such complex situations.
Important considerations
While it’s crucial to understand who can file a wrongful death lawsuit, there are vital legal considerations to keep in mind:
- Statutes of limitations: Wrongful death claims have specific time limits within which they must be filed. These time frames vary by state and can range from one to three years. Failing to file within the specified time can result in the loss of the right to seek damages.
- Burden of proof: Plaintiffs must prove that the death occurred due to the defendant’s negligence or wrongful actions. An experienced attorney handles a thorough investigation and the gathering of evidence to establish proof.
- Expert testimony: In many cases, expert witnesses may be required to establish liability and the extent of damages. These experts can include medical professionals, accident reconstruction specialists, and economists.
Filing a wrongful death lawsuit
To file a wrongful death lawsuit, the plaintiff (the person or people filing the lawsuit) must first file a complaint with the court. The complaint must allege that the defendant (the person or party being sued) was negligent or otherwise wrongful in causing the decedent’s death.
The defendant has the opportunity to respond once the complaint is filed. If the defendant denies the allegations in the complaint, the case will go to trial.
At trial, the plaintiff will have to prove that the defendant was negligent or otherwise wrongful in causing the decedent’s death. The plaintiff will also have to prove the damages that they have suffered as a result of the decedent’s death.
If the plaintiff is successful at trial, the court will award them damages.
Seeking justice
Wrongful death lawsuits can provide a means of seeking justice for those who have lost loved ones. It’s essential to consult with a knowledgeable attorney to determine whether you have the legal standing to file a claim. A strong attorney helps to navigate the complex legal process. Understanding your rights is the first step toward holding responsible parties accountable. Understanding your rights can help in securing the compensation you deserve during a challenging time. If you have lost a family member as a result of a fatal car accident, a motorcycle accident, a trucking accident, an airplane accident, a surgical error, misdiagnosis, or other form of medical malpractice, nursing home abuse, or neglect, a construction accident, or any other tragic accident, please know that the wrongful death law firm of Attorney Amil Minora sincerely sympathizes with your loss and will look to help you seek the justice you deserve.