Wrongful Death: Who Can File Negligence Claims?

Wrongful Death: Who Can File Negligence Claims?

Photo by Tingey Injury Law Firm on Unsplash

Are you dealing with the loss of a loved one due to another person’s negligence?

You may have a wrongful death suit on your hands. Going through a wrongful death claim can be tedious and exhausting, especially if you are still mourning their loss.

If you want to learn more about what qualifies as wrongful death or what negligence claims are, continue reading below.

What Is Wrongful Death?

Wrongful death is when someone dies because of the negligence of another person, government agency, or company.

For example, if someone dies due to medical malpractice where a doctor fails to render proper care, that would be considered a wrongful death. Another example is if your loved one dies in a car accident because the other driver involved was driving recklessly or under the influence.

Filing a Wrongful Death Claim

Many people wonder who can file a wrongful death claim, and the answer is anyone who is considered a survivor of the deceased.

If there is an assigned representative of the deceased’s estate, they can also file a wrongful death claim. The definition of a survivor can vary from state to state, but they are typically the children or the spouse of the victim.

Damages you can claim for wrongful death include:

  • Funeral costs
  • Loss of expected income
  • Medical costs
  • Loss of care or nurturing from the deceased
  • Loss of consortium
  • Mental pain and suffering

For more information on what other damages can be claimed in negligence claims, it may be best for you to partner with an attorney. They will review your case and provide you with an estimate of what they can get you compensated for.

How to Sue for Wrongful Death

It is possible for you to independently claim against the agency responsible for your loved ones’ wrongful death, but that may not be ideal. You can make many mistakes on your own if you don’t do the proper research before filing a claim.

Attorneys experienced in wrongful death claims, such as Sweet Lawyers, can guide you in the right direction. They’ll make sure that you don’t make any mistakes or miss any required deadlines.

Personal injury attorneys have the proper training and the resources that you will need to sue the right person or company successfully. If you have concerns about the cost of attorney fees and having to pay upfront, you can always consult a lawyer who works on a contingency fee. These types of lawyers do not require you to pay anything unless you win your case.

Statute of Limitation

You must file wrongful death claims within a specific time, commonly known as a “statute of limitation.” Generally, you will have two years from the victim’s death to file a wrongful death suit.

Final Thoughts on Negligence Claims

Negligence claims can be stressful if you aren’t armed with the correct information and don’t have the proper representation. Bookmark this article and refer back to it to help you through the legal process.

If you found this article informative and looking for more information on how to sue for wrongful death, check out our Commentary section to learn more!