Have you recently had someone in your family pass due to negligence on someone else’s behalf? If so, it’s a good chance that you’ve got a wrongful death lawsuit on your hands.
But, before you file, you have your wrongful death lawyer file your claim; you must have a deeper understanding of who can file the lawsuit. Below we’ve created a brief guide that will provide you with the information you’re looking for.
What’s a Wrongful Death Suit?
A wrongful death claim is when someone has died, and the reason they died was because of several reasons. For example, if your loved one was in the care of a medical doctor and the physician prescribed them the wrong medication, this could be considered negligence.
The reason is that not providing the proper treatment; your loved one could’ve been given medication that they’re allergic to, leading to their untimely death. When a person dies because of the recklessness of another person, it’s time to file a wrongful death lawsuit.
Your attorney will detail some mistakes to avoid when you’re filing a lawsuit to ensure that you get the justice your loved one deserves.
Who Can File?
There’s a certain order that you must follow when it comes to filing a wrongful death lawsuit. The first person that can file a lawsuit is the spouse of the deceased.
The spouse can also file a lawsuit if others also died due to another person’s negligence, such as the couple’s children. After the spouse, the children of the deceased would be next in line to file a lawsuit.
Typically, the children will file if the married couple is divorced or if the spouse passed previously. If the deceased were never married and never had children, their parents would be the ones to file the wrongful death lawsuit.
If their parents are no longer alive, their siblings would take control and file the suit for them. Now that you’ve got a better understanding of who can file the suit, it’s time to detail the life damages that will be evaluated in court.
Once the suit has been valued, it’s in the hopes of being compensated for the death of your loved one. The court will consider the non-economic and economic value of the person whose passed life.
The judge will consider how much the deceased would’ve made if they’d lived until they passed naturally. They may also call witnesses into the court to determine the value of life to settle on a fair number to get awarded to the family.
The non-economic aspect of the value of life looks at things that aren’t tangible, such as enjoying life and making memories with loved ones.
Wrongful Death Lawsuit: Who Can File?
In a wrongful death lawsuit, there is a hierarchy for who can file the claim. If the deceased has a spouse, they will be the first, and if not, next is the children.
We understand this is a difficult time, but we hope the information provided above is useful. Don’t hesitate to check out the other posts in this section.