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. You can only file a wrongful death suit between one to three years after the death if your loved one. 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.
If purposeful actions of another party cause someone’s death, you are free to file a wrongful death suit. Such actions include murder, where someone kills another on purpose with or without a plan, defective products where a manufacturer sells a product without testing it and ends up killing a consumer or consumers, death in a motor vehicle accident due to someone else’s negligence, and medical malpractices. Only specific members of the decedent’s family or a representative of their estate qualify to file for a wrongful death suit. 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. Working with a local attorney is more advisable since the laws that govern such suits change depending on location.
According to the American law, only specific family members can file a wrongful death suit. Only those that are named heirs of the deceased can go ahead and file a wrongful death suit. In some states, priorities are set depending on the level of relationship and various surviving relatives. Those in the following category can only sue if the previous category has no member.
Most states have laws that allow a personal representative of the deceased’s estate to sue for compensation for any losses that occur as a result of 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.
There are a number if damages that may prompt one to file a wrongful death suit. 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. The pain and suffering the decedent was subject to before death can also be another reason to go to court. Many other reasons could prompt one to move to courts such as loss of love and companionship.