Losing a loved one is one of the most painful circumstances a person can go through, and it is even more tragic when that loved one dies as the result of someone else’s negligence. Wrongful death happens with someone dies due to the legal fault of another individual or entity and can apply to a wide range of fatal scenarios. Wrongful death may involve cases such medical malpractice, product liability, or even trucking accidents.
With the sudden loss of a life comes severe losses for the decedent’s family and loved ones. So, in a wrongful death case, many times surviving loved ones file a wrongful death lawsuit against those responsible, seeking damages, or compensation, for the survivors’ loss. However, who can file a lawsuit varies from state-to-state. Every state has their own kind of wrongful death law and define who can file for damages caused by the decedent’s death differently.
If you have lost a loved one in a wrongful death scenario, reach out to us today at the McGartland Law Firm. Our experienced attorneys are here to help you through this difficult time and bring those responsible for your loved one’s death to justice. Contact us today for your free case evaluation at 866.832.9300.
Who Can Sue in a Wrongful Death Case?
In a case a wrongful death, a claim is filed by a representative on behalf of the survivors who suffer damage from the death of a decedent. These survivors are called the “real parties in interest.” As previously stated, who the “real parties in interest” are varies from state to state. However, some of these individuals may include the following:
Immediate Family Members – In every state in the U.S., a wrongful death claim can be filed by immediate family members. This includes spouses, children, adopted children, and parents of unmarried children.
Putative Spouses, Financial Dependents, and Life Partners – Some states allow domestic or life partners to file wrongful death claims. Additionally, anyone who was financially dependent or considered a putative spouse to the victim may have a right to recovery.
Distant Family Members – In some states distant family members are able to bring wrongful death lawsuits. This may include brothers, sisters, and grandparents.
All Individuals Who Suffer Financially – Some states allow those who suffer financially from the decedent’s death to file a wrongful death claim, even if they are not related to the victim by marriage or blood.
Parents of a Deceased Fetus – The death of a fetus can be cause for a wrongful death in some states, so parents could file wrongful death action to recover damages for the financial and emotional loss from the fetus’s death.
Did You Lose A Loved One Due to Wrongful Death?
After losing a loved one in a case of negligence, connecting with an experienced wrongful death attorney is crucial. You want to ensure your case is built on strategy and thoroughness to make sure those responsible for your loved one’s death are held accountable. The award-winning lawyers with the McGartland Law Firm ensure your case is handled with the care and concern it deserves so you have maximal chances at recovering compensation. To speak with a legal professional today about your case, contact us today at 866.832.9300.