When a person dies due to the fault of another party or company, the family members may file a wrongful death lawsuit. These lawsuits seek damages for the family’s loss, such as lost earnings, burial expenses, lost companionship, and more.
If you lost a loved one in an accident that was caused by another party’s negligence, you may need to hire the best wrongful death attorney in your area.
Who Can Sue For Wrongful Death?
A wrongful death lawsuit must be filed by a personal representative of the survivors who suffered damages from the death of the person. The personal representative is usually the executor of the deceased person’s estate. Who can file the case varies by state, but the most common people include:
- Immediate family: In all states, spouses, children, and parents of unmarried children can recover funds in a wrongful death lawsuit.
- Life partners and financial dependents: In some states, a domestic partner or anyone who was financially dependent on the spouse have the right to financial recovery.
- Distant family members: Some states let more distant family members, including brothers, sisters, and grandparents, to file these claims. For instance, a grandparent who is raising the child may be able to file a claim.
- All people who suffer financially: Some states allow any person who is suffering financially from the death to file a wrongful death lawsuit for lost support or care, even if they are not related.
- Parents of the deceased fetus: Some states allow the death of a fetus to be the basis of a claim. But in other states, parents cannot file a lawsuit to recover emotional and financial losses from this death. They only can file suit if the child was born alive and died.
Who Can Be Sued For Wrongful Death?
A wrongful death lawsuit can be filed against many people, government agencies, employees, and companies. For instance, in a car accident involving a poorly managed road and a drunk driver, you may be able to sue:
- The drunk driver
- The designer of the highway
- A government agency that did not provide proper warnings of a road hazard
- The manufacturer of the vehicle or a part on the vehicle
- The people who sold alcohol to the drunk driver
- The owner of the establishment that served alcohol to the drunk driver
If you have lost a loved one in an accident due to another person’s negligence, you may want to talk to the best wrongful death lawyers in your area. You could be entitled to damages for your losses.