Wrongful Death Lawsuits – What You Should Know

Losing a loved one is always difficult, but your grief may be intensified if your loved one was taken suddenly due to the negligent or malicious act of another. Although dealing with a lawsuit may be the last thing at your mind during your grief, by filing a wrongful death lawsuit in these circumstances, you can bring the wrongful parties to justice and protect yourself and the rest of your family from financial hardships that may stem from the death.

Who can file a wrongful death claim?

The heirs or surviving spouse of someone whose death is believed to be the result of another party's negligent or malicious actions can file wrongful death lawsuit. For example, a husband or wife may sue the negligent party, or a lawsuit can be filed on behalf of the children of the deceased to compensate them for the loss of their loved one.

Who can be named as a defendant in a wrongful death lawsuit?

Depending on the circumstances surrounding the death, a wrongful death lawsuit can be filed against a single person, a group of people, or a company or organization. For example, the defendant in a wrongful death claim related to a car accident could include: the driver of another vehicle involved in the accident, an insurance company, a manufacturer (if a defect caused the crash), a local government (if a road defect caused the accident), a drinking establishment if they served alcohol to an already inebriated persona, or a combination of any of these people/companies.

Should I hire an attorney to file a wrongful death lawsuit?

Although it is not required to have legal representation for a wrongful death lawsuit, it is in your best interest to hire a reputable attorney with experience with victorious wrongful death lawsuits. In cases where the wrongful death lawsuit involves a business or organization, chances are great that they will be represented by experienced lawyers. To have a chance to win the case, you should have a strong attorney on your side too.