Who Can File a Wrongful Death Suit?

Losing a loved one to an accident or other wrongful action is a traumatic and excruciating event for your family. Not only do you have to deal with the sudden and tragic passing of a loved one, but you may also need to wade into the legal process if you want to receive compensation for that death. Some family members can file or join a wrongful death lawsuit to seek a financial settlement or award. The rules that govern who may sue are complex, and you need help from an experienced wrongful death attorney to understand the legal landscape.

A wrongful death attorney will be your advocate and counselor when considering filing a lawsuit against the responsible party. Without a wrongful death attorney by your side, your family has little chance of receiving the full amount of compensation that you are due. In fact, you may not receive any money if you cannot prove your case.

Hiring a wrongful death attorney can give your family peace of mind when it is otherwise virtually impossible to find. You can trust them with your case details and handle all day-to-day communications. While you will still have to deal with aspects of the legal process, your wrongful death attorney is here to do the legal heavy lifting for you.

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Certain Family Members May Have the Right to File a Wrongful Death Claim

In other states, specific family members have the right to file a wrongful death lawsuit. For example, if the deceased person is married, the spouse will file a wrongful death claim. If the deceased person's children are adults, they must work with the spouse who has filed the case. If there is no spouse, then the children will file the lawsuit (presumably together). If the deceased person had no spouse or children (for example, the family member who died may have been a child), the parents will file a wrongful death lawsuit.

There may be other family members who can file a wrongful death case if there are no spouses, children, or parents. The law does not allow the responsible party to get away with their negligent conduct, always giving someone the ability to file a wrongful death claim.

Not every familial relationship allows for someone to file a wrongful death lawsuit. Some states are stringent in limiting the potential universe of plaintiffs, while others may allow those who depended on the deceased person to join in the lawsuit.

Who Can File a Survival Action?

The rules may be somewhat different when it comes to filing a survival lawsuit, and family members file this type of case when the deceased person did not die immediately after the accident. They may have lived for some time before they eventually succumbed to their injuries.

The fact that the accident victim passed away does not absolve the responsible party from being liable for the injuries they caused to the deceased person. The family may also file a survival lawsuit to recover these damages. This case is filed alongside the wrongful death lawsuit since the two cases involve the same facts.

The personal representative will typically file the survival action since the case proceeds belong to the estate, which is efficient because they will also file the wrongful death case.

The Family Must Be on the Same Page When Filing a Wrongful Death Lawsuit

Regardless of who files the actual wrongful death lawsuit, a family must work together during the pendency of the case. In practically every state, the law holds that the family can file only one wrongful death lawsuit, and they need to make difficult decisions with the help of their wrongful death lawyer. If the family cannot agree on one unified course of action, they may not be as effective in filing their case. Sometimes, the family may need to involve the court if they cannot agree on dividing the proceeds. Either way, the family should remain in continuous communication with each other on the path forward, even if there is one person who is responsible for the wrongful death lawsuit.

How Your Family Can Win a Wrongful Death Lawsuit

The core legal requirement in your case is that you must prove that the death of your loved one was wrongful. In this case, wrongful means that someone else acted with negligence, recklessness, or intentionally, and they caused the death of your loved one. In most cases, your family will seek to prove that someone else was negligent.

Some examples of negligence or other wrongful conduct include:

• A truck rolled onto the roadway because workers did not load the cargo correctly;
• A driver struck and killed your loved one in a pedestrian accident because they were under the influence of alcohol;
• Your loved one died in a physical attack because the property owner failed to provide adequate security;
• Carbon monoxide leaked into a hotel room or an apartment because the property owner did not appropriately install the detector;
• A defective medication was the reason your loved one developed a dangerous health condition; or
• Your family member died in a procedure due to medical malpractice.

Regardless of the type of wrongful death case at issue, your family has an affirmative obligation to present evidence that shows that someone else was to blame for what happened. A wrongful death lawyer will investigate the incident or accident to assemble a compelling case that proves wrongdoing.

How Much Is My Family's Wrongful Death Lawsuit Worth?

At the same time, your wrongful death attorney will also work to quantify the amount of damages that your family has suffered. These damages reflect what your loved one meant to the family and may include the following:

• The earnings that your loved one would have made and used to support the family throughout the rest of their career;
• The emotional distress and grief that family members suffered from the sudden and tragic death of a loved one;
• The loss of the guidance and support that individual family members received from the deceased person;
• The close, loving relationship that you had with your loved one;
• The physical relationship that a spouse had with their partner.

Your wrongful death damages can be considerable. Depending on how much insurance coverage the responsible party (and sometimes your loved one) had, your family may deserve significant compensation.

Wrongful Death Lawsuits Are Always Challenging for Your Family

You can expect a difficult time when you file a wrongful death lawsuit, although it is a process that you must go through if you want to receive compensation for the loss of a loved one. The entire point of a wrongful death lawsuit is to measure the worth of your loved one's life and what it meant to the family. Thus, you can expect to answer difficult questions about all aspects of your relationship with your loved one. These can delve into the quality of the relationship and even focus on the physical relationship with a spouse. Wrongful death damages are subjective by nature, and you must prepare to justify and prove what you claimed when you sought damages.

How a Wrongful Death Attorney Can Help Your Family

As you can see, the laws regarding who may file a wrongful death lawsuit and how to divide the proceeds among family members are complex. First and foremost, your family needs to know your legal rights in this situation. You may not even know whether you can sue and who may be responsible for the death of your loved one.

A wrongful death attorney can explain the law and how it applies to your family. They will answer any questions that you may have. A wrongful death attorney should handle your case with both patience and compassion, knowing that your family is in the midst of a challenging time.

Substantively, a wrongful death lawyer will also get to work immediately to establish the cause of the accident and determine whether your family can sue. They will perform a complete investigation of the accident to gather evidence of wrongdoing that can prove your case. Their work can put you in a position where you can file a wrongful death lawsuit when your family is ready.

Your wrongful death lawyer will also quantify how much your family should seek in a lawsuit. When you name a figure in your lawsuit, you must be precise and prepared to document everything you claim. You need to seek enough money in the case because your family's financial future is on the line. You no longer have your loved one here to provide for you financially and provide you with other types of support.

Your wrongful death attorney will then battle with the insurance company, whether through the claims or lawsuit process. You may decide to try to settle your case informally before you have to file a lawsuit. In many cases, you will have to file a wrongful death lawsuit to begin the legal process. Still, your wrongful death case will likely settle before it reaches a jury trial because of the stakes for both you and the insurance company.

You Can Get Financial Help During the Claims Process

If you are experiencing financial distress, there are ways you can get money for your claim while you are waiting for a settlement. If you have a strong case, a litigation finance provider may advance you money for a stake in your claim. They will get paid back if and when you receive money for your case, and you will have some money to use in the meantime for your medical care and to pay your bills. You will only owe the litigation finance company if you receive something for your case.

This assistance can help you overcome the critical, rough financial patches and continue fighting to get what you deserve. 

Hire a Wrongful Death Attorney to Handle Your Claim

There is little that you can or should do on your own legally in the aftermath of the tragic loss of your loved one. Instead, you should entrust the legal case to a wrongful death lawyer. They will communicate on your behalf and give you advice when it is time for you to make decisions. If you have not already contacted a wrongful death attorney, you should do so now to schedule a free initial consultation. This phone call will take a great deal of pressure off your family. In the meantime, you should not worry about finances or how to afford a wrongful death attorney because they do not charge you anything out of your pocket until you win your case.

Wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they successfully recover compensation on your behalf. The attorney will take a percentage of the recovered amount as their fee. You do not owe them anything if they do not win your case. This arrangement allows you to focus on your family during a difficult time while your attorney handles all the legal aspects of your case, including gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

If you are in the difficult position of needing to pursue a wrongful death lawsuit, remember that you do not have to face this journey alone. Consult with an experienced and compassionate wrongful death attorney who can guide you through the process and help you obtain the justice and compensation your loved one deserves.

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