Who Can File a Wrongful Death Lawsuit?

The sudden and unexpected loss of a loved one due to another person’s negligence or deliberate harm can be devastating. In such situations, a wrongful death lawsuit may be an option to seek justice and compensation for the loss.

However, many people are often confused about who has the legal right to file a wrongful death lawsuit. On this page, we will dive into the details and help you understand who is able to file a wrongful death lawsuit, the process involved, and the potential outcomes. Keep reading to learn more and don’t hesitate to reach out to McCoy & Hiestand to speak with a Louisville wrongful death lawyer.

Can You File a Wrongful Death Lawsuit?

The ability to file a wrongful death lawsuit largely depends on the relation of the person to the deceased and the laws in the relevant jurisdiction. Some general guidelines on who may be eligible to file a wrongful death lawsuit include:

• Immediate family members: In all states, immediate family members such as spouses, children, and parents of unmarried children can file a wrongful death lawsuit. They are usually the first in line to bring a suit forward.
• Financial dependents, life partners, and putative spouses: In several states, a domestic or life partner, anyone who was financially dependent on the deceased, or a “putative spouse” (someone who had a good faith belief that they were married to the deceased) have the right to file a lawsuit.
• Distant family members: Some states allow more distant family members like brothers, sisters, and grandparents to file a wrongful death lawsuit. For example, a grandparent who is raising a child may be able to bring an action.
• Persons who suffer financial injury: There are a few states that allow any person who suffers financial injury from the death to bring a wrongful death action for lost care or support, even if they are not related by blood or marriage.
• Estate representative: In some states, the lawsuit has to be brought by a personal representative of the deceased person’s estate.

It’s important to consult with a knowledgeable attorney who can guide you through the process based on your specific situation and local laws. The team at McCoy & Hiestand can help you learn more about filing a wrongful death lawsuit.

What Qualifies as a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought forward when a person dies as a result of another person’s negligent or deliberate act. This can include a wide range of incidents, from car accidents and medical malpractice to product liability and criminal behavior.

Seeking Compensation for Damages

The aim of a wrongful death lawsuit is to seek compensation for the financial and emotional losses experienced by the deceased’s survivors or estate. This can cover various aspects such as medical expenses incurred leading up to the death, funeral costs, loss of income, and loss of companionship or parental guidance.

The lawsuit is filed against the individual, company, or entity believed to be responsible for the death. However, it’s crucial to note that a wrongful death lawsuit is a civil action, separate from any criminal charges that might also be filed in relation to the incident.

Should You Partner with a Wrongful Death Attorney?

In this section, we delve into this important question, exploring the reasons why you might consider partnering with a wrongful death attorney. Keep reading to find out about the benefits a lawyer can offer during this challenging time.

Legal Support in Difficult Times

Dealing with the death of a loved one is already emotionally draining, and navigating a wrongful death lawsuit during such a time can amplify this stress. Partnering with an experienced attorney can offer much-needed support and guidance, allowing you to focus on healing and remembrance.

Professional Knowledge and Skills

Wrongful death laws vary widely from state to state. An attorney with experience in wrongful death cases would have a deep understanding of these laws and how they apply to your specific situation. We can assist in determining whether you have a valid claim, who can file the lawsuit, and how much compensation you may be entitled to.

Handling Legal Complexities

The process of filing a wrongful death lawsuit involves numerous legal complexities, including gathering evidence, establishing liability, calculating damages, and dealing with insurance companies or corporate legal teams. A wrongful death attorney can handle these complexities on your behalf, ensuring that all the necessary steps are taken to strengthen your claim.

Effective Representation in Court

Should your case go to court, an attorney can provide effective representation, articulating your claim and negotiating on your behalf. Their negotiation skills and familiarity with courtroom procedures can significantly influence the outcome of your case.

Contact Us Now to Get Your Wrongful Death Lawsuit Started

Understanding who can file a wrongful death lawsuit is crucial, as it can be a way for surviving loved ones to seek justice and compensation. However, navigating the legal intricacies of these lawsuits can be challenging. In this complex and emotionally charged process, seeking legal counsel from McCoy & Hiestand can provide invaluable support.

Always remember that your path towards healing matters, and seeking professional help in a wrongful death lawsuit can allow you to focus on that journey while ensuring that the legal aspects are competently handled. Contact us now for your free consultation.