Under the law, a wrongful death claim is filed when a person’s death takes place because of someone else’s incompetency. Contact Loughlin Law P.A. to seek legal guidance regarding wrongful death lawsuits and assistance in the process of filing the claim.

What type of incident does it entail? 

Claims filed on the grounds of wrongful death consist of all types of car accidents, malpractice conducted by medical professionals, as well as cases of product liability. Companies and government agencies can be held responsible by the law for negligent conduct and causing intentional harm to a person, ultimately leading to their death. 

Who Can File A Wrongful Death Claim?

The decedent’s representative is lawfully expected to sue for a wrongful death claim. The representative who files the lawsuit is generally someone who suffers the losses caused by the decedent’s wrongful death. 

The representative is generally one of these:

  • Immediate family members. 

Spouses, children, and the mother or father of the decedent come under the list of immediate family members. The law states that they can sue for wrongful death and get compensation for the damages caused due to the death.

  • Distant family 

Some states give the right to sue distant family members as well. This includes the brother, sister, or grandparents of the deceased.

  • Anyone financially dependent on the descendant 

 There are several states which give rights to everyone who was financially affected by the decedent’s death to file a claim. Through this, people not related by blood to the victim can sue for wrongful death.

  • Parents of a deceased child

 Many states give rights to the parents of a deceased fetus to file a claim for wrongful death and seek monetary compensation for the financial and emotional damages caused by the death. But there are exceptions to this, as several states make it compulsory for the deceased child to be alive and then die due to negligence. They eliminated claims for fetuses and only let parents who had given birth be included in this.

Who Can be Charged with Wrongful Death Lawsuit?

Wrongful death claims can be filed against people, companies, government agencies, as well as employees of an establishment or business. 

Proving Wrongful Death

To successfully win the claim for wrongful death, it is necessary for the person suing to prove the following things:

  • Decedent’s death
  • The decedent’s death was caused by negligent conduct or intentional harm by the defendant, i.e., the person being sued. 
  • The death caused financial damage to the decedent’s family. 
  • A personal representative is arranged for the estate held by the decedent.