Surviving Family Members And Eligibility For Filing A Wrongful Death Claim

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If you have lost a loved one due to the actions of another person, you may have a wrongful death lawsuit. Whether the death was the result of negligence or was caused intentionally, you may be entitled to retrieve monetary compensation for the injustice you have suffered.

Beneficiaries of a wrongful death lawsuit
Wrongful death lawsuits are typically filed to benefit surviving spouses, children, or other dependents of the deceased. While monetary compensation will not relieve the emotional pain of the loss of a loved one, it may help to relieve the victims family of some of the expenses and lost income that is an issue when a death occurs.

Every state has laws in place that allow immediate family members of a victim of wrongful death to file a wrongful death lawsuit; however, before deciding to file, you will need to contact a local wrongful death attorney to determine exactly which family members can make claims in your particular state. States have varying rules concerning who may file a wrongful death lawsuit. For instance, some states may require the appointment of a legal guardian if the claimant is a minor child; some do not permit parents to file a suit if a child dies in-utero; and some allow even distant family members (grandparents and stepchildren) to file.

Defendants in a wrongful death lawsuit
A wrongful death lawsuit may be brought against an individual or a public agency. The claim may be filed against a person who is at fault in an automobile accident, a work accident, a violent action, a defective drug, or a provider of negligent medical care. Wrongful death lawsuits may be brought against jails, private hospitals, schools, public companies, and nursing homes. However, if the person who caused the death is a family member of the deceased, that person, while subject to criminal charges, cannot be sued by any other family member.

Time Limitations
You have a limited amount of time to file a wrongful death charge (called a statute of limitations), so check with an attorney to make sure you dont let too much time go by between the wrongful death and your efforts to be compensated for your losses.


About the Author:
Many scenarios can lead to wrongful death claims, from nursing home neglect to drunk driving accidents. Consult personal injury lawyers as soon as possible to protect your rights.



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