No amount of money in the world will compensate the death of a loved one, but filing a wrongful death claim may help you through the financial and emotional difficulties after a tragedy. Continue reading to find out if you should file a claim or hire a wrongful death attorney.

What is a wrongful death claim?

A wrongful death is one that happens as a result of another person’s negligence. Until recently, filing a lawsuit for a wrongful death was fairly uncommon. However, over the past decades, state and federal courts have created the right to bring wrongful death to action.

Wrongful deaths involve a variety of fatal accidents that range from car accidents, medical malpractice, and product defects. Keep in mind that accidents are unavoidable, but when tragedies result because of a lack of responsibility or failure to act, you may be eligible to claim a wrongful death.

If a death occurs because a person, company, or government agency failed to act responsibly, a wrongful death claim can be brought against them.

Who can claim a wrongful death?

It is best to seek legal advice if you’ve suffered the loss of a loved one due to careless actions. A wrongful death attorney can represent you, file a claim in your best interest, and act on your behalf. Doing so, the attorney will make you the “real party in interest.”

Each state defines the “real party in interest” differently. Commonly, those who are eligible to file a wrongful death claim are:
  • Immediate family members – Spouses, children (including adopted children), and parents of children who are still unmarried can seek a wrongful death attorney to file a claim.
  • Life partners and financial dependants – If you reside in a state that recognizes the marriages domestic or life partners, they are eligible to file a wrongful death claim.
  • Distant family members – In some states, you may file a claim if you are a sibling or grandparent who has suffered a wrongful death in the family.
  • Persons financially impacted – Depending on where you live, if you were financially dependent upon the passing of a person for wrongful reasons, you may be able to file a lawsuit.
  • Parents of deceased fetus – Some states regard the death of a fetus as a wrongful death. Each case is different, and it is best to seek legal advice for your personal situation.

How do you know if you are eligible?

The information in this post may not be specific to your case, and should only be used as general knowledge. To determine whether you are eligible for a claim, the best thing you can do is contact an attorney regarding your case.

Protect Your Rights

Wrongful deaths are about protecting your rights and those you have lost. It’s not about revenge for your grief. A claim will assist you in the burial and funeral costs, medical expenses, and any other financial difficulties you may face in the aftermath of a tragedy.