It is a devastating experience to lose a loved one due to someone’s negligence or misconduct. In such situations, there is a high probability for a wrongful death lawsuit to be filed while seeking justice and compensation for the bereaved family. However, a wrongful death lawsuit can only be filed by specific parties who have legal standing to bring the claim to court. These parties are close relatives of the deceased, such as:
a) Spouse
If the deceased had a spouse, the spouse is eligible to file a wrongful death lawsuit. As a spouse, when meeting with a lawyer, it is essential to check your eligibility to file a wrongful death lawsuit before the case commences.
b) Immediate Family Members
Most close relatives of the deceased, such as children, parents, and spouses, are eligible to file a wrongful death lawsuit.
If the deceased had adopted children or stepchildren, they are eligible to file a wrongful death lawsuit since they were depending financially on the deceased, which can be a challenge if they do not get justice.
c) Financial Dependents
If the deceased had individuals who depended on them for financial purposes, these people are eligible to file a wrongful death lawsuit. Financial dependents can be those who benefited from the deceased in terms of education, households, and healthcare financial support.
d) Distant Family
Some people may not have immediate families but have distant family members such as grandparents, cousins, uncles, and aunties who have been in their lives up to their demise. The distant families of such individuals have the right to file a wrongful death lawsuit while seeking justice for the deceased. However, eligibility may be determined by state laws on the degree of dependency of the deceased on the family.
e) Parents of the Deceased Fetus
Parents of a deceased fetus have the right to file a wrongful death lawsuit if the fetus dies due to the misconduct or negligence of someone. However, this can only be eligible if it meets sustainability requirements, such as the gestation age and viability of the fetus.
f) Personal Representatives
Some families have personal representatives who speak on behalf of them. These individuals have the right to file a wrongful death lawsuit for the benefit of their families. If the family does not have a personal representative, the court may appoint one if it is not in the deceased’s will.
g) Surviving Family of the Deceased Children
In circumstances where a child dies due to someone’s negligence or misconduct, the parents have the right to file a wrongful death lawsuit while seeking justice and compensation. The compensation part may include funeral costs, medical bills, and emotional trauma caused by the loss.
It is so devastating to lose a loved one due to negligence or mishandled. Thus, the surviving family has a right to file a wrongful death lawsuit while seeking justice and compensation. These surviving families include domestic partners, immediate family, distant family, financial dependents, personal representatives, parents of the deceased fetus, or surviving family of the deceased child. It is advisable to consult an experienced attorney who will help you understand the procedures and protect your rights before pursuing legal action on the case.
A lawyer can help the surviving victims understand their rights. In addition to recovering compensation for the victim’s losses, they will also assist in punishing the at-fault party. They can do this by filing for punitive damages, which is issued in rare cases to punish the at-fault party. By doing this, you and your lawyer can prevent the at-fault party and others from engaging in negligent behavior.
