In the world of personal injury claims, the fault is assessed mainly as a result of injuries being caused by the negligent actions of another party. And in the most severe of instances, when an individual’s negligent actions lead to the death of another party or individual, we now enter the realm of wrongful death claims. When an individual dies due to the fault of another person or entity, the survivors or individuals left behind by the deceased can now bring a wrongful death claim against those at fault – entitled them to seek a vast array of damages.
If you have a loved one who has perished as a result of another party’s negligence, be sure to contact the Law Offices of Louis Mangan, he has helped countless families recover from the death of a loved one, and attain the compensatory damages as well as the justice they deserve!
What is a Wrongful Death Claim?
A wrongful death claim is a form of personal injury claim, that exists when an individual dies as a result of another person or party’s legal fault. Wrongful death claims cover a number of different accidents or incidents, from car accidents, and product liability cases, to medical malpractice and surgical deaths. Whether the at-fault party is an individual person, a company, or even a government agency, they can be held liable for acting negligently no matter what the case might be. Wrongful death can also exist if an individual fails to act as a reasonable person would in their circumstances.
Who Can File a Wrongful Death Suit?
A wrongful death claim cannot be filed by just anyone and must be filed by a representative attorney on behalf of the individuals left behind by the deceased person. These are the individuals who directly suffer from damaged from their death, also known as the “real parties in interest”. Often, the person who works directly with the attorney on behalf of the surviving family will be someone in the family or the executor of the deceased’s estate. Depending on what state you are in, the family members entitled to file a suit can differ. They generally include:
Immediate Family Members
In every state, immediate family members like the spouse or the children, including adopted children, and the parents of an unmarried individual can recovery damaged under a wrongful death claim.
Financial Dependents, Putative Spouse and/or Life Partners
In certain states, other individuals who can recover damage from a wrongful death claim are those who were financially dependent on the deceased, a domestic/life partner, or someone who is a putative spouse – or had a belief that they were married to the victim.
Distant Family Members
Some states allow certain distant family members, such as the brother, sister, and grandparents, who might have been raising the individual, can file a lawsuit and be granted damages as a result.
Anyone Suffering Financially
In some states, an individual who suffers financially as a result of the death can file some form of wrongful death lawsuit against the at-fault party. In the event, they lost some care, or support they were receiving even if they are not directly related to the individual by blood or by marriage.
Depending on the state, there are also others who might be able to file a lawsuit. To find out if you are able to be sure to contact the Law Offices of Louis Mangan today.
Who Can a Wrongful Death Lawsuit Be Filed Against?
Wrongful death lawsuits can be brought against a number of different people or entities as we mentioned – even government agencies and employees of a company or the company itself. For example, in the event of a car accident, an individual’s family may be able to file a lawsuit against the driver or the at-fault vehicle, the government agency responsible for the upkeep of the roadway and any hazards that might exist on it, the maker of the vehicle or its parts, an individual who might have sold the at-fault driver alcohol, if they were drunk or impaired, amongst others. It’s important to understand, however, that these are to be taken on a case-by-case basis, and if you would like further details on your case, it’s best to consult an experienced wrongful death lawyer like Mr. Louis Mangan, Esq. For more information on your case, be sure to contact the Law Offices of Louis Mangan today.