A wrongful death suit is aimed at getting justice for someone who lost their life because of another person’s actions. If you have lost a loved one, you or have one to three years to file a wrongful death suit. In this article, you can learn about all you need to know about a wrongful death suit from who can file one to what you need to prove.
A wrongful death suit is applicable in circumstances where someone dies as a result of someone else’s purposeful actions or negligence. Wrongful death suits can be something from medical malpractices to motor vehicle accidents that occur due to someone’s negligence, a defective product being released to the consumer by a manufacturer and murder. Particular members of the decedent’s family can move to court to file a wrongful death suit, or it can be done through a representative of their estate. You can determine whether your case reaches the threshold of being classified as a wrongful death by talking to wrongful death law firms such as Mathew G. Miller who offer free consultations. A wrongful death suit can only be filed by the family members or the personal representative of the estate. Make sure you find a local wrongful death attorney since the rules that govern such cases vary from one location to another.
The law allows oy specific family members to file a wrongful death suit. If the dead listed you as a designated beneficiary, then you can go ahead and file a wrongful death suit. In some states, the filing is done based on the degree of relation and different categories of surviving relatives. Those in the following category can only sue if the previous category has no member.
If a personal representative of the deceased’s estate incurs any damages due to their death, they are free to move to court to seek compensation depending on the laws of the state. After the court appoints a personal rep, they can go ahead and file wrongful death suit as representatives of the estate under their own name. In some states, family members are by law required to file lawsuits through these representatives.
A wrongful death suit seeks compensation for several damages. You could decide to sue to seek compensation for any medical costs that occurred after the injury or before the death as a result of the injury. In other cases, the family may go to court for claims over the pain and suffering the decedent went through before they finally met their death. Loss of love and companionship also qualifies as a reason for filing a wrongful death suit.