Who can File a Wrongful Death Suit
A wrongful death suit is aimed at getting justice for someone who lost their life because of another person’s actions. A wrongful death suit is only valid if it is filed within three years of death. 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 can be filed if someone dies as a result of intentionally harmful or negligent actions of another party. 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. Only specific members of the decedent’s family or a representative of their estate qualify to file for a wrongful death suit. Wrongful death lawyers, such as those from the Matthew G. Miller law firm offers free consultations to analyze your claims and establish whether it is a substantial case. 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.
According to the American law, only specific family members can 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. If one group has no members, the next group can take up the right to file a lawsuit.
In some states, the law allows a personal representative to the deceased’s estate can move to court to seek compensation if they incur any loses due to their death. 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. It is a requirement in some states that these suits be filed through these representatives.
A wrongful death suit seeks compensation for several damages. If the decedent underwent any medical procedures due to injury or died because of an injury, the family may move to court to seek compensation for the money spent on treatment. You could also sue for the pain and suffering that the decedent went through before they died. Loss of love and companionship also qualifies as a reason for filing a wrongful death suit.