What is a Wrongful Death Lawsuit?

What is a Wrongful Death Lawsuit?

People are mortal. Aside from natural death, accidental deaths are the most common reason for people dying. When someone dies because of the attack, fault or negligence of other people, it is called a wrongful death. In this case, the survivor of the dead person can demand compensation for the losses for their loved ones. The legal process is called a wrongful death lawsuit. Wrongful death lawsuits seek compensation for the survivor’s loss of wages, loss of companionship, and expenses of the funeral. If your loved one faced a wrongful death, then you should hire a professional wrongful death attorney from a law farm just like Krasney Law. They will provide you with a professional wrongful death attorney who can fight for your case.

Who Can Sue for Wrongful Death?

Wrongful death can result in many damages, including loss of wages, loss of companionship, funeral expenses, etc. For recovering from these damages financially, the family of the deceased has to sue for a wrongful death lawsuit. Not anyone can sue for wrongful death. It must be submitted to the court by a representative. This representative has to have the authority to fight the case on behalf of the deceased family. This court representative is also called the real parties in interest. Depending on state law, the real parties in interest could be different. The most common representatives are immediate family members, distant family members, life partners, financial dependents, parents of the deceased and all persons who suffer financially.

Immediate Family Members

When filing a wrongful death, the first people to be eligible for compensation are immediate family members. According to the state laws, the immediate family members eligible to sue for wrongful death are spouses, parents, children, adopted children.

Life Partner, Financial Dependents

Some states allow the life partner or anyone who was financially dependent on the deceased person to sue for wrongful death.

Distant Family Members

Some states have the option for distant family members to sue for wrongful death. Usually brothers, sisters, and grandparents cannot file for the damage recovery.

Parents of the Deceased

In some of the states, when a fetus dies the parents of the fetus can bring a wrongful death action to recover their emotional and financial losses that happened because of the death of their fetus. But most states will not allow the case unless the child was born alive then died.

All the Persons Who Suffer Financially After the Death

Even if the person is not related by blood with the person who died, some of the states allow all the people who suffer financially because of death.

Who Can Be Sued for Wrongful Death?

Depending on the cause of death, there can be many people whom the deceased family can sue. It could be a person, company, government agency, or even an employee. For example, if a car accident happens in a faulty roadway and there is a drunken driver involved, then there could be some people whom you can hold responsible for the wrongful death of your loved one. The first one who is responsible for the accident is the driver or employer and then the designer or constructor of the faulty roadway. And also the road authority who failed to provide the necessary warning related to the road hazard that is the cause of the accident. If there are any faults in the vehicle, then the one responsible for this accident can be the installer, distributor, or the manufacturer of the faulty parts of the car. If the driver was drunk, then the people who will be responsible for the accident are the shop and shopkeeper who sold or served alcohol to the driver and also the owner of the property where the drink was served.


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