Who can File a Wrongful Death Suit
A wrongful death suit is aimed at getting justice for someone who lost their life because of another person’s actions. A wrongful death suit is only valid if it is filed within three years of death. You need to understand the particular things you need to prove and the specific people who can file a wrongful death suit, and you can do so by reading more here.
A wrongful death suit is applicable in circumstances where someone dies as a result of someone else’s purposeful actions or negligence. Such actions include murder, where someone kills another on purpose with or without a plan, defective products where a manufacturer sells a product without testing it and ends up killing a consumer or consumers, death in a motor vehicle accident due to someone else’s negligence, and medical malpractices. Particular members of the decedent’s family can move to court to file a wrongful death suit, or it can be done through a representative of their estate. Wrongful death lawyers, such as those from the Matthew G. Miller law firm offers free consultations to analyze your claims and establish whether it is a substantial case. A wrongful death suit can only be filed by the family members or the personal representative of the estate. The rules that govern such cases vary depending on the area you are in, and it is, therefore, vital to find a local wrongful death lawyer.
The American laws limit the type of family members that can file a wrongful death suit. You can only do so if you are a direct beneficiary of the deceased. In some states, the filing is done based on the degree of relation and different categories of surviving relatives. If one group has no members, the next group can take up the right to file a lawsuit.
Most states have laws that allow a personal representative of the deceased’s estate to sue for compensation for any losses that occur as a result of their death. The personal reps are appointed by a probate court, and they can file a lawsuit under their own names as representatives of the estate. It is a requirement in some states that these suits be filed through these representatives.
There are a number if damages that may prompt one to file a wrongful death suit. You could decide to sue to seek compensation for any medical costs that occurred after the injury or before the death as a result of the injury. The pain and suffering the decedent was subject to before death can also be another reason to go to court. Many other reasons could prompt one to move to courts such as loss of love and companionship.