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Who Can File a Wrongful Death Lawsuit?

Wrongful death lawsuits are legal actions that one hopes they never have to take. They are lawsuits fought on behalf of a deceased individual. Also their estate and against a party that may be culpable for their death. This culpability is typically shown by another party exhibiting negligence or shirking their duty of care to the deceased somehow. However, to succeed at a wrongful death case, you must first understand what they entail and who can file a claim.

Who May Sue for a Wrongful Death

Typically, the people who sue for wrongful death are very connected to the deceased: spouses, parents, significant others, siblings, children, or financial dependents. Your state may have different laws and guidelines dictating who may file a wrongful death suit. These cases are civil suits that seek remedy for the death, usually in a financial payout.

What Can be Won in a Wrongful Death Suitwrongful death lawsuit

The compensation for wrongful death claims that are won varies from case to case. Generally, the damages you may be compensated for include emotional trauma, loss of consortium between spouses or partners, pain and suffering, inconvenience, and lost wages from the deceased family member. Depending on who you are to the deceased party. You may be eligible to recover funeral, hospice, or medical costs, as well as loss of inheritance from the deceased.

Situations for a Wrongful Death

Wrongful death can occur in any instance. One person’s negligence, or a party’s negligence, caused the death of an innocent person. So, if your loved one died in an unexpected accident. It would be unreasonable to file a wrongful death lawsuit because no one could be proved negligent. Some situations that may cause unlawful death suits are car accidents, medical malpractice cases, workplace incidents, liability on behalf of product manufacturers, exposure to dangerous chemicals or asbestos, plane accidents, and liability on behalf of premises owners or managers.

About the Author

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims. Start down the road to recovery by contacting us for a free initial consultation and case evaluation.

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