Wrongful Death

Understanding Wrongful Death Lawsuits: Legal Guidance

Act Quickly to Secure Your Wrongful Death Claim

No matter what the cause of your loved one’s death may have been, if you plan to file a wrongful death lawsuit, it is important to take action quickly because such cases are subject to a statute of limitations that determines the maximum time after an event within which legal proceedings may begin. So if you wait too long, you may lose the right to seek damages for your loss. Moreover, wrongful death cases can be extremely complex matters to litigate, and the financial stakes are high, so it’s important to get the assistance of an experienced wrongful death lawyer to handle your case. The knowledgeable and compassionate attorneys at the Mike Slocumb Law Firm can help you hold the responsible party accountable and receive the optimum settlement that you deserve.

Who is Eligible to File a Wrongful Death Claim?

Because a deceased person obviously cannot do so, the question remains as to who can file a wrongful death lawsuit. The answer depends on the state where the deceased person lived. Each state has its own set of laws and procedural rules related to wrongful death claims. However the following are some basic facts about the individuals who are legally entitled to file a wrongful death lawsuit:

  • Every state permits a wrongful death action to be brought by immediate family members. 
  • Typically, if the deceased person was married, the surviving spouse brings the suit.
  • In some states, if the deceased was an adult, an adult child can file the lawsuit.
  • If the deceased was a minor child, one of the parents most often files the suit.
  • Some states allow one member of a civil union or of a domestic partnership to file a wrongful death claim on behalf of his or her partner.
  • If the deceased individual is an unmarried adult, most states also allow more distant relatives such as grandparents, siblings, aunts, or uncles to file the suit.

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individuals who are legally entitled to file a wrongful death lawsuit

Occasionally, family members disagree about who will file the suit. Courts typically permit only one wrongful death lawsuit to be brought on behalf of a deceased individual. If two or more suits are filed, the court will most likely combine all of the claims into a single suit.

Thus, after a death due to an accident or act of negligence or violence, if you are a trustee, executor, or family member connected with a deceased person or the deceased’s estate, and wish to recover on behalf of the estate by filing a wrongful death suit, contact the Mike Slocumb Law Firm today.

Compassionate Help in Filing Wrongful Death Claims

If a family member’s death results from either negligence or an intentional act, the laws of each state in the U.S. entitle the trustee of the deceased person’s estate or certain surviving family members to file a wrongful death civil suit against the responsible party. A wrongful death lawsuit attempts to obtain monetary compensation from an individual or a company that played a part in the person’s death. The most common kinds of events leading to such deaths are car accidents caused by drunk or careless drivers. Wrongful deaths may also result from medical malpractice by health care professionals, from hazardous products with faulty designs, or from deliberate acts of violence such as physical attacks.

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