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How To File A Wrongful Death Lawsuit


The moment when someone who is very close to you dies, because of another individual’s reckless, deliberate behavior, the members of that family are bound to filing a lawsuit against those who caused the entire incident. This kind of lawsuit particularly helps in recovering from the damages by collection monetary dues for the death of their loved ones. A wrongful death lawsuit enables the people who are suffering from the damages attain compensations for the wrongful death of their family member. This law determines the amount of the damages that have occurred.

Grounds for the application of a wrongful death lawsuit

Grounds are necessarily required for a civil lawsuit, and a supportable reason for the claim. There should be enough evidence behind a wrongful death lawsuit. That the deceased person lost his or her life because of the negligence or intentional hazard of another individual. This lead to the direct impaction of the person’s death on their family, emotionally and financially.

Two things need to be established by the members of the family who have survived for the lawsuit to be successful:

  • It should be proven that the death of their loved ones was caused by a second party, due to their negligent behavior and recklessness leading to a fatal act deliberately. The event was not because of the person’s own acts and actions.
  • The family members that have survived should establish the fact that they have been deeply damaged, emotionally and financially due to the wrongful death of their loved one.

The common grounds that come under the category of a wrongful death are an automobile accident, an accident encountered at work, medical malpractice, or an act that was unlawful which lead to the commission of crime.

Who is eligible to file a wrongful death lawsuit?

The people who can file a wrongful claim are usually the representatives of the estate of the person victimized by the wrongful death. The claim is filed by the survivors on their behalf depending on the relationship with the victim.

In most of the states, the deceased person’s spouse is eligible to file a case against the person who caused the wrongful act on their behalf. The parents of the individual are also eligible to file a case against the wrongful death of the person, and minors are eligible to get the compensation for the death of their parent’s death. The point where the state begins to disagree is whether extended relatives such as grandparents, uncles and aunts are eligible to sue for their grandchildren, nieces and nephews, or if the parents can sue for the wrongful death of their children or if the children are eligible to sue for the wrongful death of their parents.

Usually the more distant the relative is to the family ember, the harder it gets to claim the compensation for the wrongful death.

Probate

it is necessary for the family members to open a probate, in order to sue on their deceased loved one’s behalf.

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Law Offices Of Marc S. Ward, LLC. provide strong legal services for Criminal Defense & Personal Injury cases.

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