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Who Can Sue for Wrongful Death

It’s never easy to lose a loved one, especially when their death is an unnecessary result of another person or organization’s actions or negligence. And while most people want nothing less than to think about finances during this difficult time, the reality is that between medical bills, funeral expenses, and lowered future familial income, this can be an expensive event.

You may be entitled to compensation. In a wrongful death lawsuit, survivors of the deceased seek financial restitution from the party or parties at fault, whether the death occurred due to their actions or to their failure to provide the level of protection for which they were responsible.

Do note that there are restrictions on who may file a wrongful death claim, and that typically this course of action will be limited to survivors who are injured in some way from the death in question (be it monetarily, emotionally, or both). This may include family members, domestic partners, financial dependents, etc. – the specifics can vary somewhat from state to state.

Preparing a case

Successfully mounting a claim of wrongful death requires you to demonstrate that the death in question was a result of the other party’s direct actions or negligence, and that you have suffered as a result of the death. It is highly recommended that you work with a personal injury attorney during this process, as most people are unaware of the full extent of the damages that they may be entitled to – or simply aren’t familiar with the pitfalls of legal pursuit. Hard figures – such as medical and funeral bills, expected future income of the deceased, benefits that would have been provided by the deceased’s employer, etc. – are great to have on hand, and will strengthen your position tremendously.

There is a limit regarding the timeframe in which you may file a wrongful death claim after the event in question: this is referred to as the “statute of limitations”, and can differ from state to state. Here, again, an attorney will be able to assist you with navigating the filing process, as well as defending your position against the rebukes made by the other party’s lawyers.

If you are suffering from the impact of a wrongful death, contact the attorneys at Ashenden & Hollingsworth, and see how we can help you seek the justice and compensation that you deserve.