What Qualifies as a Wrongful Death Lawsuit?

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November 10, 2022 | Wrongful death

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What Qualifies as a Wrongful Death Lawsuit?

The death of a loved one can be devastating. As if dealing with the loss isn’t enough, you have to deal with the fact that the death was preventable and was actually caused by the negligent or reckless conduct of another party. When this happens, you may be able to recover financial compensation for the loss of your loved one through a wrongful death lawsuit.

While a wrongful death lawsuit will not bring your loved one back to life, it can help you access finances that you badly need and provide your family with some sense of financial security. It can also help you seek justice on behalf of your loved one.

What is a Wrongful Death Lawsuit?

When a death occurs as a result of the negligent or reckless actions of another party, the survivors of the deceased can seek compensation through a wrongful death lawsuit. This lawsuit is a type of personal injury claim that is brought against the liable party (or parties) in order to recover financial compensation for the loss of an accident victim.

In order to recover compensation, you will have to demonstrate that your loved one’s death was a result of the negligent or reckless act of the party you are holding liable.

Wrongful deaths can occur as a result of various causes including:

  • Medical malpractice
  • Motor vehicle accidents
  • Defective products
  • Assault
  • Premise liability
  • Abuse

Who Can File a Wrongful Death Lawsuit

In order to file a wrongful death lawsuit, you must be a survivor of the deceased. Priority for filing a wrongful death lawsuit is given as follows:

  • The surviving spouse
  • The surviving children. This is if the deceased has no surviving spouse
  • Surviving parents if the deceased has no surviving spouse or children
  • Surviving siblings if the deceased has no surviving spouse, children or parents
  • The administrator of the deceased’s estate or their personal representative.

If you’re not sure about whether you have the right to file a wrongful death lawsuit and recover compensation for the loss of your loved one, you should consult an experienced personal injury attorney.

Your attorney will review your case and determine whether you have a valid case and if you are eligible to recover compensation.

What Qualifies as a Wrongful Death Lawsuit?

What Qualifies as a Wrongful Death Lawsuit?

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