The wrongful death of a loved one can be difficult to deal with. It becomes even harder when their death was caused by the negligence of others.
While bringing a lawsuit against the negligent party will not bring your loved one back, it can bring you peace of mind, in knowing that those responsible are brought to justice.
If you have thought about suing for death, you may be wondering how to go about doing so. Here’s a look at what you need to know.
Which Family Members Can File the Lawsuit?
The laws for wrongful death lawsuits vary from state-to-state. However, in most cases, the deceased party’s spouse can bring a wrongful death lawsuit to court.
If there is no spouse, an adult child can carry out the lawsuit. In some states, a domestic or civil partner of the deceased can file the lawsuit.
If the deceased is a child, the parents can file a death lawsuit. Depending on the state, distant family members, sisters, grandparents or even uncles and aunts can file death lawsuits.
Limits on Claims
While several family members may be able to file a wrongful death lawsuit in some states, there is a limit to how many claims can come from one family.
Most courts are only going to allow one lawsuit to be filed. What often happens when there is more than one wrongful death lawsuit is that the claims are consolidated together into one lawsuit.
Wrongful Death Lawsuits and Wills
While many family members may want to file a death lawsuit, often it comes down to whether or not the deceased person justify a will. If the deceased justify a will the court will appoint an executor to administer the estate.
In some states, only the executor of the will can file a wrongful death lawsuit on behalf of the deceased.
How Long Can You Wait to File the Lawsuit?
Wrongful death lawsuits need to be filed as quickly as possible, every state has a statute of limitations on these types of lawsuits. The statute of limitations is what decides how long interested parties have to file a wrongful death lawsuit after a person dies.
The amount of time that you have to file the lawsuit varies from state-to-state. However, one thing that most states have in common is that time starts running out from the moment the person dies.
The whole process can be long and complicated, because of all the factors considered before a judge will rule on the case. It is always best to get qualified legal assistance when dealing with a wrongful death lawsuit.
Get Compensated
A wrongful death lawsuit will not heal the pain caused by a loved one’s death. However, in a small way, it helps loved ones who are justify behind feel that justice has prevailed.
The money that you receive can be used in a way that will honor the loved one who has passed on.
If you would like more legal advice please visit the services section of the blog.
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