Injured by a faulty floor jack

Parties That Can Sue For Wrongful Death

12 November 2020

Mia Little

If you are injured in an accident, you have the right to seek compensation for your injuries. However, if your loved one passes away as a result of an accident, you will only be entitled to compensation if you have the right type of relationship with the deceased. The relationship you will need to have depends on the state you are from.

Immediate Family Members

If you are an immediate family member, you should be able to file a lawsuit. For example, if the deceased is your child or if you are the child of the deceased, you may be entitled. Also, if you are the spouse of the deceased, you'll be entitled to compensation. However, some states do not allow adult children to bring a lawsuit for wrongful death and others do. Also, parents of unmarried children may not be able to file a lawsuit.

Civic Unions and Domestic Partnerships

Even if you are not married, you may be able to file a wrongful death lawsuit if you have a civil union. Domestic or life partners who are financially dependant on the deceased may seek compensation. Also, if you are a putative spouse, meaning that you have reason to believe that you are married, you may be entitled to compensation.

Single Adults

When the deceased is a single adult with no children, the majority of states allow for more distant relatives to file a lawsuit for wrongful death. This can include grandparents, aunts, and uncles.

Those Who Suffer Financially from the Death

In some states, you are able to successfully sue for wrongful death if you suffer financially as a result of death even if you are not related by blood or marriage. For example, if the deceased was a friend who was caring for you, this may make you eligible. 

Parents of a Fetus

After a fetus has passed away, you may file a wrongful death lawsuit if someone else was negligent for the death of the fetus. For example, if you were involved in a car accident in which your unborn child become non-viable, you may be entitled to compensation. 

Depending on your relationship to the deceased, you may find it difficult to prove that you are entitled to compensation. However, with the help of an experienced wrongful death lawyer, you will be able to show how state law allows you to collect for the damages you have suffered.

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