Who can file a wrongful death lawsuit?

| May 13, 2021 | Personal Injury |

When a person is injured due to another person’s neglect or actions, they may file a personal injury claim. Unfortunately, an injury might be fatal. In this event, specific people outlined by California laws are allowed to file a wrongful death suit to collect compensation from the party who is at fault for their loved one’s death.

Who has grounds for filing a lawsuit?

To file a wrongful death case, you must have legal grounds for doing so. Most states will outline specific family members who may sue for wrongful death claims because it directly impacts them financially and emotionally. In most cases, this is restricted to the deceased person’s spouse, children or parents. In some states, the court may allow additional extended family members like siblings to file a wrongful death lawsuit.

What must you prove during a wrongful death lawsuit?

In order to win a wrongful death lawsuit, you’ll need to prove two different things. First, you’ll need to prove that you suffered measurable damage due to the loss of your loved one. Second, you’ll need to prove that your loved one’s death was a direct result of another party’s recklessness, deliberate act or neglect.

You must establish that your loved one’s death was not brought about by their own action or inaction. Once both of these topics are proven, you may be able to collect on various different types of compensation for medical bills, funeral expenses, lost wages, pain and suffering and even punitive damages.

Dealing with the death of a loved one is difficult enough. When you find out that their death was a direct result of someone else’s actions, it’s perfectly natural to want to seek retribution. If you believe that you have grounds for filing a wrongful death lawsuit, you should speak to an attorney about presenting your case in a court of law.