The Surviving Family Has The Ability To Seek Compensation From The Party That negligently caused the death of their loved one
There is no easy way to face the unexpected loss of a loved one. The grief that comes with this loss can be overwhelming under any circumstances, but it is often especially troubling in cases where the death was possibly preventable.
The loss of a beloved family member can impact surviving relatives in many different ways. The grief that comes with such a loss is never easy, but a death in the family can also result in financial chaos. Dealing with your loved one’s final expenses is an unexpected challenge for most people. Anyone that relied financially on your lost family member could find themselves suddenly in dire financial straits.
Thankfully, every state provides for a legal action known as a wrongful death lawsuit. This civil lawsuit gives the surviving family the ability to seek compensation from the party that negligently caused the death of their loved one. If you believe your family is entitled to compensation, a wrongful death lawyer might be able to help.
Litigating a wrongful death case is complicated and requires a wrongful death lawyer who has the financial resources, the experience, and the grasp of the medical circumstances of the death to properly take on that fight. Dr. Chris Robinson knows that in a wrongful death case the most important tool any attorney has is empathy. Empathy for one’s client. Empathy for the person who lost their life. And empathy for the jury, who is going to need to work to figure out how to properly compensate a family member who has lost someone so important to them.
Who Has the Right to File a Wrongful Death Lawsuit?
Some of the parties that could have the right to file a wrongful death lawsuit include:
Spouses. The decedent’s spouse typically has the first right to file a wrongful death lawsuit. The surviving spouse generally has the right to bring a suit in every state that allows relatives to do so directly.
Children. The children of a deceased person often have as much right to bring a wrongful death claim as the surviving parent. However, some states only allow a child to bring a claim if the surviving parent is unable or unwilling to do so.
Siblings and Parents. In most jurisdictions, siblings and parents of the deceased have fewer rights to bring a wrongful death claim. While some jurisdictions will allow them to do so under limited circumstances, others prevent them from ever seeking a wrongful death lawsuit.
Estate Representative. Certain states do not let the surviving relatives of the deceased file a wrongful death claim under any circumstances. In these states, the right to file a wrongful death claim rests with the estate. Only the official representative of the estate can file the claim, but the proceeds still go to decedent’s heirs.
Whether or not the death of a loved one qualifies as a wrongful death claim is not always clear. Thankfully, Robinson Injury Law can advise you on whether or not you have grounds to seek compensation.
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