There are many different types of lawsuits, each appropriate when a different kind of wrongdoing has taken place. If you have suffered a loss at the hands of someone else, you need to know what kind of lawsuit to file if you are to receive the compensation you are due. If you file the wrong kind of lawsuit, it will simply be thrown out. This guide will explain what a wrongful death lawsuit is and who can file one.
What Is Wrongful Death?
A wrongful death lawsuit can be filed after someone is killed as a result of someone else’s actions. Typically, the death needs to be the result of negligence, which essentially just means that someone failed to act in a way a reasonable person would expect and which caused harm.
An easier way to consider wrongful death is that you are filing a personal injury lawsuit on behalf of the deceased. Personal injury lawsuits can be filed when someone causes you physical harm, intentionally or accidentally. If this results in someone dying, he or she obviously cannot file a lawsuit. So, instead, the deceased’s loved ones can file a wrongful death lawsuit. Damages can be claimed that either the deceased suffered, the loved ones suffered, or both.
Who Can File?
One very important factor is who can file a wrongful death lawsuit. Each state has slightly different rules regarding who has the ability to file the lawsuit. Usually, the person who files the lawsuit needs to be a close relative of the deceased. In every state, these individuals are allowed to file:
- The parents of deceased children if the children are minors
- The children of deceased parents
- The spouse of the deceased
The majority of wrongful death cases are brought by the parents or spouse of the victim. Depending on which state you live in, these individuals may also be allowed to file:
- The parent of deceased children when the children are adults
- The siblings of the deceased
- The extended relatives of the deceased
If you fall into this list, you will need to do your own research about whether or not you are even allowed to file. Speaking to an attorney is an easier way to get this answer. Keep in mind that the state that matters is the one where the death occurred, rather than yours or the deceased’s state of residence.
To take the first step, consider scheduling a consultation with an attorney, like a Wrongful Death Lawyer Minneapolis, MN, who specializes in wrongful death.
Thank you to the experts at JOHNSTON | MARTINEAU PLLP, for their insight into wrongful death and the law.