Wrongful death is a way for the loved ones of a victim to receive compensation for their loss. People who find themselves in the position to file a wrongful death lawsuit often do not know much about the process or even whether they qualify to file. It can be a difficult time, and the last thing many people want to do is pursue legal action. The best thing to do in this kind of situation is to speak with an attorney for more information. This guide will provide an excellent starting point, providing information about how a wrongful death lawsuit works and who can file one.
What Is Wrongful Death?
In a wrongful death lawsuit, the loved ones of a deceased family member may pursue compensation for the suffering that both the deceased experienced, as well as the suffering they themselves experienced. This includes financial losses and non-financial losses, which can include medical bills, the purchase of medicine or medical equipment, the loss of wages, pain and suffering, emotional turmoil, and loss of companionship. For a wrongful death lawsuit to be successful, the defendant in the suit must have performed some negligent action that caused the death directly.
Who Can File for Wrongful Death?
Not everyone is allowed to file a wrongful death lawsuit. Because it is being filed on behalf of the victim, the person who files it must have a certain kind of relationship with the deceased. The laws surrounding this matter vary from one state to the next, but these individuals are always allowed to file a wrongful death lawsuit, regardless of state:
- The spouse of the victim
- The children of the victim
- The parents of a minor child victim
In certain states the parents of an adult victim, siblings, and extended family are also allowed to file a wrongful death lawsuit. One of the first things you should do is research whether you are allowed to file, or speak with a wrongful death lawyer, like a wrongful death lawyer in Woodland Hills, CA, to get this information accurately and quickly.
An important factor that affects this matter is determining which state to file in. You need to file with the state where the death occurred, rather than the state you live in, the state the victim lived in, or the state the defendant lives lin. You also need to adhere to the laws of this state. When finding an attorney to consult with, it is a very good idea to find one who lives in the right area.
Thanks to Barry P. Goldberg Law for their insight into the list of people who can file a wrongful death lawsuit.