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Who Can File a Wrongful Death Lawsuit?

9 months ago
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Losing a loved one due to someone else’s actions is painful. Although nothing can restore them, a wrongful death lawsuit can assist families in seeking justice and compensation. This kind of lawsuit enables some family members to hold the responsible party accountable.


Table of Contents

  1. Understanding Wrongful Death Claims
  2. Who Can File a Wrongful Death Lawsuit?
  3. Time Limit for Filing a Wrongful Death Claim
  4. Why Legal Help Is Important
  5. Consultation


Understanding Wrongful Death Claims

A wrongful death case is filed when someone dies from another individual's careless or injurious behavior. Its objective is to receive compensation in the form of medical bills, burial costs, lost earnings, and pain and suffering. For the case to win, the family must show that the defendant's action caused the death. For this purpose, they must provide concrete evidence in the form of medical records, witness statements, and professional views.

Who Can File a Wrongful Death Lawsuit?

Not everybody can make a wrongful death claim. Only some family members or representatives can sue under the law.


1. Surviving Spouse or Partner: The husband, wife, or registered partner of the deceased person has the strongest legal right to bring a case. If they were lawfully married or in a registered partnership when they died, they can bring a claim.


2. Children and Grandchildren: The biological or adopted kids of the deceased can make a claim. In case the children of the deceased are deceased as well, the grandchildren might be eligible.


3. Financial Dependents: Other financial dependents can have a right to file in case there are no direct family members. These could be:

  • Stepchildren
  • Parents of the deceased
  • Unmarried partners who depended financially on the deceased


4. Estate Representatives: In the event that there is no family that makes a claim, the deceased's estate executor can file. Any money obtained goes to the estate and is distributed according to the will or laws of probate.


Time Limit for Filing a Wrongful Death Claim

The families have to bring the wrongful death lawsuit within two years of the death of their beloved. Missing the deadline can lead to case dismissal, preventing the family from claiming compensation for medical bills, lost wages, and emotional distress. Because legal processes are often intricate, families need to move fast and engage a lawyer as soon as possible to ensure their claim.


Why Legal Help Is Important

Wrongful death cases are complicated by law, insurance firms, and deadlines. A qualified lawyer can:

Collect solid evidence for the case

Conduct legal documents and negotiations

✔ Fight for the maximum compensation possible

If you need help, consulting an experienced attorney is the best step forward.


Consultation

If you have lost a loved one and are not sure about your legal rights, talk to a lawyer today. A personal injury lawyer in Brooklyn can assist you in knowing your options and developing a solid case.


Fight for your loved one’s rights now. Call a wrongful death lawyer today for a free consultation.



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