Who Can File a Wrongful Death Lawsuit?

A wrongful death case happens when a person dies as a consequence of negligence. Wrongful death cases are governed by state laws. While wrongful death laws vary from state to state, many subjects are common to all kinds of wrongful death lawsuits. Wrongful death laws are more convoluted than other personal injury laws. In order to understand these laws, you need to consult with a professional wrongful death lawyer.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a claim when your family member died because of a wrongful act, or the negligence of another person or party. In such situation, you (or other surviving beneficiaries) have rights to recover financial damages that have occurred because of the negligent conduct.

Wrongful death accident charges can be brought against the individual, public and private agencies, companies, nursing homes, hospitals etc. State laws define who is permitted to file a wrongful death lawsuit. Some states only permit children and spouse to file a wrongful death lawsuit, while other states permit parents and grandparents to file a compensation claim for wrongful death damages.

WHEN IS A WRONGFUL DEATH CLAIM APPLICABLE?

The wrongful death claims are applicable only when the victim who would have a personal injury case is died because of a willful act. Such accidents can occur in many situations, including:

When a victim is intentionally killed

The beneficiaries of a wrongful death victim can file a compensation claim lawsuit even when the victim is killed intentionally. The wrongdoer, not only has to bear the punishment of his or her misdeed but also has to pay the compensation money.

When a victim dies because of medical malpractice

Unfortunately, medical malpractice is one of the biggest reasons behind the wrongful deaths. If your family member has died as a result of misdiagnosis, late diagnosis, anesthesia mistake, surgical error or any other misconduct of a medical practitioner, then you can hire a wrongful death attorney and file a personal injury lawsuit against the medical practitioner.

When car accident fatalities involving negligence causing death

A wrongful death lawsuit may be brought when a victim dies because of car accident injuries.