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Who Can File A Wrongful Death Lawsuit?

Presser Law, P.A. > Personal Injury  > Who Can File A Wrongful Death Lawsuit?
Maitland FL Law Firm

Wrongful Death Lawyer

Wrongful death cases tend to be emotionally motivated lawsuits that hold a person or party responsible for another’s death. A loved one of the deceased may come forward and file a case as means to get a sense of justice for the matter and compensation for what they have been through. There is no amount of money that can undo what has already occurred, but at the very least, family members have the means to process their grief without worrying about finances at such a difficult time. There are certain elements of a wrongful death case that must apply, in order for a surviving loved one to obtain the sense of justice that they are looking for.

Any person who owes a duty of care but then had violated that with negligence or recklessness, which led to the harm or death of another, could be liable for the consequences. The at fault party could be an individual, medical facility, agency, product manufacturer, or other entity that directly caused the incident to occur. Essentially, the underlying element of every wrongful death case is someone having owed a duty of care to another, in which they failed to do so, and it then led to an injury and fatality. As a wrongful death lawyer explains, here is a list of surviving loved ones who may be eligible to file a claim on behalf of their relative taken too soon:

  • Surviving domestic partner or spouse
  • Children or grandchildren
  • Parents (if the deceased did not have children)
  • Legal guardians (if parents are deceased)
  • Those financially dependent on the deceased

Depending on the laws for the state, a wrongful death case can be submitted by specific survivors of the person who passed away, and/or by the estate representative on behalf of survivors. A representative is often the executor for the deceased’s estate. Others who may be able to file a wrongful death case are immediate family members, like children and spouses. The parents of children who were unmarried can seek restitution through a wrongful death action. Some states allow grandparents or siblings of the deceased to bring forward a lawsuit. A person who is suffering financially due to the death, such as someone who was monetarily dependent, can file a case even if they are not connected to the deceased through blood or marriage.

Because wrongful death cases tend to be more complex and require a specific set of knowledge and strategy, surviving family members are encouraged to visit a law firm near them for assistance. Attempting to go about a wrongful death case on your own can eventually feel like too much weight to carry, especially when grieving. A legal team that has handled wrongful death cases before, such as Disparti Law Group, can offer representation, guidance, and protection as the legal process moves forward. The stress from the person’s passing and dealing with a law matter can be lessened with help from a lawyer. Many surviving family members realize that they could not have handled a lawsuit on their own.