If someone you love has died as the result of another person’s negligence, you may be wondering what your next steps are. You may be entitled to file a wrongful death lawsuit against the responsible party. This type of lawsuit allows the loved ones of the deceased to seek compensation for their loss. In order to make an informed decision about whether or not to file a wrongful death lawsuit, it is important that you understand some key points about this type of legal action. In this piece, we will see three things that you need to know about wrongful death lawsuits.
1. Who Can File a Wrongful Death Lawsuit
A wrongful death lawsuit can be filed by the surviving spouse, children, or other dependent of the deceased. In some cases, parents or siblings may also be able to file a wrongful death suit. It is important to understand that there are legal requirements for who can file a lawsuit in each state and it is best to consult with an experienced attorney before proceeding.
2. What Damages are Available Through a Wrongful Death Lawsuit
When filing a wrongful death lawsuit, you may seek compensation for medical bills incurred by the deceased prior to their passing, lost wages that would have been earned had they not passed away prematurely, pain and suffering endured by the deceased prior to their passing as well as funeral and burial expenses. In some cases, punitive damages may be awarded if the death was caused by negligence or malice on the part of another party. The court may also assess damages for the loss of companionship suffered by the surviving family members due to their loved one’s untimely passing.
3. Who Can File a Wrongful Death Lawsuit?
In most states, only certain people are legally eligible to file a wrongful death lawsuit, such as a spouse, child or parent of the deceased person. Depending on state laws, other close relatives such as grandparents, grandchildren, aunts or uncles may also be able to file suit. Additionally, in situations where there are no surviving immediate family members, an executor or administrator of the deceased person’s estate may be able to file a wrongful death lawsuit.
By pursuing a wrongful death lawsuit, family members of the deceased can seek justice and compensation for their loved one’s untimely passing. Depending on the state, certain close relatives may be eligible to file a wrongful death lawsuit if there are no surviving immediate family members. While money will not bring back a lost loved one, it can help ease the financial burden that often follows such tragic loss. wrongful death nm.