Legal Help When Buying and Selling Property

Can You File A Wrongful Death Lawsuit?

28 March 2016 by Louise Boyd

A wrongful death suit is a matter filed in a civil court when someone dies because of another person's actions. It is not the same as a criminal case. The outcome is not the potential of jail or other punishment but rather a monetary award intended to provide restitution and financial help to the people who were left behind. Do you have a basis for a wrongful death lawsuit? Ask yourself these questions. 

Did You Lose a Close Relative? 

Only certain people have a right to file a lawsuit after the death of a loved one. Whether you have a wrongful death claim depends on the state where you live. 

Every state allows the spouse and children of the deceased to file a wrongful death claim, and parents can file a claim on behalf of a deceased minor child. 

Sometimes the parents of a deceased adult child can pursue a wrongful death claim, and in some cases grandparents, siblings and other relatives may file. Also, some states allow a deceased person's unmarried partner to initiate the lawsuit. 

Consult an attorney in your state to determine your eligibility to file. 

Did Someone Else Cause the Death? 

There are several situations where a wrongful death suit is appropriate. If your loved one was killed due to another's actions, you may file a wrongful death lawsuit. Can you answer yes to any of these questions? 

• Was your loved one intentionally murdered? 
• Was the person a victim of a mistake by doctors, hospital staff or other medical professional? 
• Was the deceased killed in a car accident that was another driver's fault? 
• Did the death occur because someone else neglected to take reasonable safety precautions? 
• Did the person die because someone else was committing a crime? 

How Were You Impacted by the Death? 

The court will require you to show what you have personally lost because of the death. Monetary losses are the easiest to prove and the most likely to result in a financial award. 

• Were you financially dependent on the deceased? 
• Are you responsible for the person's medical bills or funeral costs? 
• Does income lost because of the death impact you financially? 

You may also ask for the court to compensate you for non-financial losses. 

• Have you suffered a loss of companionship or love due to the death? 
• Did the deceased person suffer physically as a result of the actions of another person? 
• Have you lost the physical or emotional care that would have been given by the person? 

If you have lost a loved one because of the negligence or intentional actions of another person, you may be able to file a wrongful death lawsuit. You can find out if you have a valid claim by evaluating your loss and checking laws in your state. Contact a business, such as Law Offices of Stein & Rosenberg, for more information. 

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