Who Can File a Lawsuit When a Family Is Killed?

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When someone is killed because of the negligence of another party, family members can file a lawsuit that is known as a “wrongful death lawsuit.” Normally it may be the deceased’s spouse or children who file the suit, but, sadly, there are instances where none of these family members survive an accident.

There are some cases where an entire family can be lost in an instant, such as an automobile or plane crash or a carbon monoxide poisoning incident. When a family dies, the executor of the will who is appointed in the will or by the court is the one charged with initiating these lawsuits. The executor will file a lawsuit on behalf of any relatives who are eligible to ask for compensation. These can include the following people:

  • The deceased party’s other immediate family members: Every state allows the immediate relatives of someone killed at the hands of another to file a wrongful death lawsuit, but in some states other relatives may be able to file if they are the only living family.
  • The deceased party’s distant family members: The deceased may have been raised by their grandparents, so some states will allow those grandparents to file a wrongful death lawsuit on behalf of the deceased. Brothers and sisters may also bring a wrongful death lawsuit against a guilty party, so in some states aunts and uncles of the deceased will qualify.
  • Anyone the deceased party supported financially: If the person received care or support from the deceased party, they may be able to sue the guilty party for wrongful death even if they are not a relative.

The Definition of a Wrongful Death Claim

A wrongful death claim can be brought against someone if that person is responsible for the accident that caused your loved one’s death. Every one of the 50 states allows some sort of wrongful death claim to be filed against a guilty party.

People may file wrongful death claims against people for several types of accidents, including car accidents, product liability cases and medical malpractice cases. In order to find a person liable during a wrongful death lawsuit, the plaintiff will have to demonstrate to the court that the defendant failed to act in a reasonable manner. The defendant may also be shown to have acted in an intentional manner.

Who Can You Sue for Wrongful Death?

Only certain parties can be held liable for wrongful death. Those with immunity to being sued for wrongful death include a person’s family members, employees in a government agency, and some government agencies. Also, defendants in railroad collisions and some manufacturers of medical devices are immune from wrongful death lawsuits. You can go here for help understanding a wrongful death case.

Not everyone has immunity from being sued for wrongful death claims. A wide variety of people can be sued, and they include the owner of the bar or a bartender where a drunk driver was served alcohol right before he got in his car and ran into an innocent bystander.

Also, the at-fault driver in a collision that resulted in the death of one of the passengers is not immune. Manufacturers have also been held responsible for the deaths of innocent people. For example, the builder of a road where the accident occurred has been sued for wrongful death.

People file wrongful death lawsuits for the purpose of obtaining compensation for the loss of their loved ones. The compensation is monetary. Although money cannot bring the person back or make everything better for the survivors, it is a way to punish the at-fault party for acting in a negligent manner.