When a person dies due to the negligence of another person or entity (such as a car manufacturer), the survivors are eligible for filing a wrongful death lawsuit against the guilty. The lawsuit is filed to seek compensation and damages for the loss of survivors like funeral expenses, lost companionship, and loss of earnings and livelihood.
Wrongful Death Claim – An Overview
A wrongful death claim is given to the survivors of the deceased who dies because of the legal fault or negligence of another person. The right of filing a case for wrongful death may be a relatively new concept, but it helps individuals in getting a fair claim. The federal and state courts felt the need that the survivors of the dead person should get a fair amount of compensation for the loss. However, it is to be noted that the rules and regulations for wrongful death law may vary from one state to another. Hence, Philadelphia Motorcycle Accident Lawyer can best help in getting a fair claim.
Claims for wrongful death involve different types of accidents including car accidents, product liability cases, and complicated medical malpractice. Governmental agencies, persons, and companies can be at fault and can be sued legally for negligence or for harming the other person intentionally.
Who is eligible for suing for the Wrongful Death of an individual?
A wrongful death claim can be filed either by a survivor or by a representative of the survivor who is suffering from the death of the deceased. Generally, they are termed as “real parties in interest”. However, it is to be noted that the “real parties in interest” may vary from one state to another. They connect with an expert Wrongful Death Lawyer and file a lawsuit against the party in guilty.
The people who usually file complaints for the wrongful death of the deceased include –
Who can be sued for the victim’s Wrongful Death?
Lawsuits for wrongful death can be filed against multiple government agencies, persons, employees, and companies. Let’s assume that the victim died in a car accident due to a drunk driver and a faulty roadway, action for wrongful death could be taken against –
Laws Stated For a Wrongful Death Claim
Wrongful death claim laws vary from one state to another. Some states allow only minor children or a surviving spouse of the deceased to file a case for wrongful death. Some states may allow extended relatives, siblings, distant family members, and adult children to file lawsuits for wrongful death. It should be noted that not all relatives can file lawsuits for wrongful death claims. They may need the help of a professional attorney who will represent them in court.
An experienced wrongful death attorney can help in filing and handling wrongful death cases. They make sure that their clients get a fair amount of claims as per the law. Besides, individuals have only a limited amount of period for filing a lawsuit and that varies from state to state. It may allow for a few exceptions which could extend the limitations.
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