Wrongful death lawsuits are specific types of cases that result from negligence or some intentional act˳ A wrongful death lawsuit may be filed by the individual’s estate or by their loved ones against the person or persons who are liable for the event˳ Each state has its own specific guidelines for wrongful death˳ Still, these kinds of suits are most typically filed by the representative of the deceased individual’s estate, on behalf of the surviving members of the person’s family˳ As we will see, the person who has the right to file this suit varies by location˳
Qualification for the Claim
Wrongful death doesn’t come up in most situations where someone dies˳ The specific events that lead to a claim come from a victim who would have otherwise had a valid claim for personal injury, but died due to that injury˳ Several situations present themselves as potentials for these kinds of suits, including:
- Car accident fatalities: Death can result from a car crash, where injuries from the accident led to someone’s death
- Medical malpractice: If someone dies from a medical practitioner failing to diagnose a condition or provide proper care, then a wrongful death claim applies
- Intentional killing: If someone was intentionally responsible for ending another’s life, the estate of that person could then file a suit
Proving Wrongful Death
As mentioned before, if the individual who was killed had survived, he/she would have been able to file a valid claim for personal injury and seek legal help˳ The burden of proof is the same in this case, as the person filing the claim must prove that the negligent party was indeed responsible for their loved one’s death˳ The person’s death would then lead to damages, both economic and emotional, to the victim’s family, and the settlement would take these elements into account when calculating the compensation˳
Filing the Lawsuit
While there are per-state differences in filing this type of suit, a spouse retains the power to file the lawsuit against the negligent party for the death of their significant other˳ In the case of minors, their parents or guardians are responsible for filing a wrongful death claim˳ Each state has different rules for adult children filing suits for their deceased parents and parents filing for compensation after their adult children died˳ Extended relatives such as grandparents or cousins may file wrongful death claims in certain states but not others˳
Source by https://ezinearticles˳com/?How-a-Wrongful-Death-Lawsuit-Works&id=10375796
