Wrongful Death Suit and all You Need to Know About it
A wrongful death suit is filed in order to ensure that someone is held accountable for their actions which may have led to the loss of life. A wrongful death suit is only valid if it is filed within three years of death. In this article, you can learn about all you need to know about a wrongful death suit from who can file one to what you need to prove.
A wrongful death suit can be filed if someone dies as a result of intentionally harmful or negligent actions of another party. Such actions include murder, where someone kills another on purpose with or without a plan, defective products where a manufacturer sells a product without testing it and ends up killing a consumer or consumers, death in a motor vehicle accident due to someone else’s negligence, and medical malpractices. Particular members of the decedent’s family can move to court to file a wrongful death suit, or it can be done through a representative of their estate. You can determine whether your case reaches the threshold of being classified as a wrongful death by talking to wrongful death law firms such as Mathew G. Miller who offer free consultations. The laws limit the people who can file a wrongful death suit to the family and the representative of the decedent’s estate. Make sure you find a local wrongful death attorney since the rules that govern such cases vary from one location to another.
According to the American law, only specific family members can file a wrongful death suit. If the dead listed you as a designated beneficiary, then you can go ahead and file a wrongful death suit. In some states, the filing is done based on the degree of relation and different categories of surviving relatives. If there are no members in one category, the right to sue is passed to the next class.
In some states, the law allows a personal representative to the deceased’s estate can move to court to seek compensation if they incur any loses due to their death. After the court appoints a personal rep, they can go ahead and file wrongful death suit as representatives of the estate under their own name. It is a requirement in some states that these suits be filed through these representatives.
You can move to court to seek compensation for a wrongful death due to many reasons. A family may decide to sue to get compensated for the medical charges that occurred after an injury or before the decedent died as a result of the injury. The pain and suffering the decedent was subject to before death can also be another reason to go to court. Loss of love and companionship also qualifies as a reason for filing a wrongful death suit.