If someone loses their life because of the actions of somebody else, their loved ones may file a wrongful death suit in a bid to get justice for the deceased. You can only file a wrongful death suit between one to three years after the death if your loved one. Some specific people can file a wrongful death suit and particular things that need to be proved, and you can learn about them by reading more here.
A wrongful death suit is applicable in circumstances where someone dies as a result of someone else’s purposeful actions or negligence. Deaths due to murder, motor vehicle accidents that occur as a result of someone else’s negligence, use of a defective product and medical malpractices qualify to be termed as wrongful deaths. Wrongful death suits can be filed by specific members of the decedent’s family or a representative of their estate. You can determine whether your case reaches the threshold of being classified as a wrongful death by talking to wrongful death law firms such as Mathew G. Miller who offer free consultations. A wrongful death suit can only be filed by the family members or the personal representative of the estate. Working with a local attorney is more advisable since the laws that govern such suits change depending on location.
According to the American law, only specific family members can file a wrongful death suit. You can only do so if you are a direct beneficiary of the deceased. Some states will allow filings depending on the level of relationship and those from different groups of surviving relatives. Those in the following category can only sue if the previous category has no member.
Most states have laws that allow a personal representative of the deceased’s estate to sue for compensation for any losses that occur as a result of their death. After the court appoints a personal rep, they can go ahead and file wrongful death suit as representatives of the estate under their own name. Some states have laws that require family members to file lawsuits through these representatives.
You can move to court to seek compensation for a wrongful death due to many reasons. A family may decide to sue to get compensated for the medical charges that occurred after an injury or before the decedent died as a result of the injury. The pain and suffering the decedent was subject to before death can also be another reason to go to court. Loss of love and companionship also qualifies as a reason for filing a wrongful death suit.