An Overview On Filing A Wrongful Death Claim

If a member of your family has died because of someone else's negligence, you may be able to commence a wrongful death lawsuit. These can be very difficult cases to prove, but there are laws that are out there to protect people who have died at the hands of another. The following article will give you a better understanding of how a wrongful death lawsuit works, and who can bring on a wrongful death claim.

Wrongful Death Claim

You can bring a wrongful death claim against a number of different people, businesses, employees of certain businesses, and even government agencies. For example, you can sue a municipality for a faulty roadway if your loved one died in a car accident because of bad road conditions. 

Some other entities you can bring a wrongful claim against are:

  • the driver or an employer of a driver who was found to be at fault in a car accident 
  • the company who designed or built a roadway 
  • the municipality or government agencies who failed to place adequate warning regarding a road hazard that caused a car accident 
  • the manufacturer or distributor of a faulty piece of equipment that killed your loved one
  • the employer of your loved one if the accident was at their place of employment (note that, in some instances, these cases may be eligible for workers' compensation, so check with your lawyer for more details)
  • the doctor or other medical personnel who may have committed malpractice that resulted in your loved one's passing

Of course, who you can file a lawsuit against ultimately depends on the circumstances surrounding your loved one's death, so you'll need to confer with your wrongful death lawyer for more detailed information.

Who Can File a Claim

A representative of your loved one's estate can file a wrongful death lawsuit, and that's usually on behalf of the surviving family members. The representative is generally the executor of the estate of the deceased, and the surviving individuals generally include the following:

  • Immediate family. Immediate family is considered to be spouses, children, and parents of unmarried individuals. 
  • Distant family. Some states allows distant family members to benefit from a wrongful death claim. This includes siblings and grandparents. 
  • Anyone who suffers financially. An individual who lost support or care from the deceased may be able to be brought in on a wrongful death claim.

If you feel you may have a reason to file a wrongful death claim, talk with an experienced wrongful death lawyer as soon as possible. Contact a firm like George T. Bochanis Law Offices to get started.