The right to file a wrongful death claim is a relatively new concept. However, it has gained widespread acceptance in the past few decades and become key part of the legal system. Today, every state has some kind of wrongful death laws holding persons, companies, and government agencies accountable for their negligent behavior.
The term wrongful death lawsuit may be described as any legal claim made by the family members of the person who has died due to an avoidable incident or due to the negligence of another person.
When a Wrongful Death Claim Is Valid
Wrongful death claim is applicable when the person has died due to the negligence or the intentional harmful act of another person or organization. The situations may include, murder, death due to the careless act of the care provider, or car accident fatalities involving negligence. With a few exceptions for deaths resulting from workplace accidents, nearly all kinds of personal situations can lead to a valid claim for wrongful death.
Who Can File a Wrongful Death Lawsuit?
Technically speaking, anyone who is affected by the death of the person can file a claim for the damages. However, some states allow only close family members to file a claim for the wrongful death of their loved ones. Some of the parties may include:
Immediate Family Member – All states allow immediate family members, like spouse and children as well as parents of unmarried children to file a lawsuit for the loss.
Distant Family Members – Some states allow distant family members, such as brothers, sisters, and grandparents to file for the recovery. This is particularly true when they are raising the child of the decedent.
Those Suffered Financially – In some states, everyone who has financially suffered due to the wrongful death of the victim even if they are not related by blood or marriage can bring a wrongful death action.
Who May be Sued for Wrongful Death?
Wrongful death may be filed against individuals, organizations, and government agencies. For example, in the case of a car accident, the defendants to the wrongful death action may include:
- The driver involved in the car accident
- The builder of the faulty road
- Government agency, if the road does not carry warning signs
- The manufacturer of the faulty automobile parts
Wrongful death may involve complex legal aspects. Therefore, it is better to hire an expert legal counselor to win the battle. If you are looking for a professional law firm in Akron, call us at (330) 535-1555 to hire one of the best wrongful death lawyers in the area.