Wrongful Death: Who Can File?

The tragic loss of a loved one can be made even more devastating for families when the person's death may have prevented. When a person dies as a result of the negligence or actions of another, his or her family may file a wrongful death lawsuit to recover damages for financial and emotional losses. An experienced wrongful death lawyer can meet with families to determine whether their loved one's death may be attributed to another party and whether they are justified in filing suit. While wrongful death law details vary from state to state, in most cases any immediate family member of the decedent (such as a spouse or offspring) may file a wrongful death claim for compensation. Some areas in which state wrongful death laws differ include:

• Determination of heirs: An heir may be a spouse or child of the decedent, but in some states the deceased's parents, grandparents, siblings, distant relatives, and other family members may also be named heirs and thus eligible to file suit for damages.
• Age at death: Some states do not allow parents to file suit to recover damages for the wrongful death of a child who died in utero.
• Relation to plaintiff: In some states, a family cannot sue for wrongful death if the defendant in the case is also a member of the family.
• Statute of limitations: The amount of time that has passed after a proposed wrongful death may affect a plaintiff's ability to file suit. If the statute of limitations has run out, a suit may not be filed.

In wrongful death cases, the family members of victims may be able to recover compensation for medical fees, loss of financial support, loss of emotional support, future expenses, and pain and suffering. In this emotional time, families need the support and guidance of an attorney who understands the magnitude of their loss and who will fight to defend their rights. If you have lost a person you love and you believe his or her death may be attributed to the actions or inactions of another person, it is a good idea to contact an experienced wrongful death attorney soon. A lawyer can help you determine whether you have a claim and whether you are eligible to file for compensation.