If a person’s death is legally identified as caused by the fault of another person or entity, the survivors can file a wrongful death lawsuit. The survivors file this case to get compensation for their loss.

The common law used not to have this lawsuit, but now, every state in the US has its wrongful death law. This law involves all kinds of fatal accidents such as medical complications, car accidents, product liability, malpractice, etc. Persons, businesses, companies, and even government agencies can cause these legal faults. These faults could be done by negligence or intentionally.

People who can file the case

The survivors who suffer the loss of the person who died are called “real parties in interest.” These people include the immediate family members such as the children, the spouses, and the parents (if the person who died is unmarried). Life partners, domestic partners, financial dependents, and a person who believed with good faith that they were truly married to the decedent called “putative spouse.”

Distant family members like sisters, brothers, or grandparents are also considered “real parties in interest” in some states.

Those who suffer financial loss for the victim’s death, even if they are not related or married, are allowed to file wrongful death lawsuits to claim compensation in some states.

Some states allow the parents of a dead fetus to file a wrongful death lawsuit to claim an emotional and financial loss. However, some states don’t because these states require the baby to be born alive before the infant dies.

Who can be sued?

Those who committed the legal fault that can be sued for wrongful death lawsuit include the employer or driver that caused the accident, the designer or construction company that built the wrong road or building, government agencies that did not give proper warning, manufacturers of the faulty product, etc.

Wrongful death claims can be very complicated; that’s why everyone included in the “real party in interest” needs a good lawyer specializing in this issue. Therefore, it would be highly fruitful to hire one as early as the need arises.

If you think you need legal help, let our lineup of excellent lawyers be that.

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