In certain scenarios, people have the right to file lawsuits. Personal injury lawsuits allow those harmed by others to hold them accountable in civil court. Wrongful death lawsuits are a type of personal injury litigation that people can pursue after someone dies.
The people affected by a sudden, tragic death can potentially file a civil lawsuit against an individual or business that may have caused the tragedy. Typically, those with evidence supporting the claim that a specific person or business caused someone’s death through negligence or wrongful acts could have grounds for a wrongful death lawsuit.
However, state law does limit litigation in several ways. Only certain people have the right to file wrongful death lawsuits under state statutes. Who may be able to seek justice in the civil courts after a tragedy?
When the deceased person is an adult
Many wrongful death lawsuits involve the premature passing of an adult. They might be a spouse or a parent. They may have numerous people who rely on them for financial or practical support. Their death could cause significant hardship to their surviving loved ones.
Typically, the personal representative of the deceased person’s estate is the party with the authority to file a wrongful death lawsuit. Once the probate courts appoint a personal representative, that individual can initiate litigation on behalf of the estate or the surviving family members of the decedent.
They can seek compensation for losses ranging from medical expenses and funeral costs that the estate has to cover to the non-economic losses of surviving family members. They then use the funds that they acquire to cover probate expenses before distributing funds among the immediate family members of the deceased person.
When the decedent is a child
Tragic circumstances can cut a young life short. Minors typically do not have spouses or dependent children. However, they had an entire lifetime ahead of them at the time of their passing.
They may not have an estate, so there may not be a personal representative to take action. In scenarios where families lose minor children, parents or legal guardians are typically the parties authorized to pursue wrongful death litigation.
People grieving the sudden death of a loved one may struggle to respond appropriately. They may need help evaluating their options and acting before the window of opportunity for litigation closes. With occasional exceptions for highly unusual circumstances, most wrongful death lawsuits are subject to a two-year statute of limitations.
Understanding who can file a wrongful death lawsuit and how long they have to take action can be beneficial for those seeking justice and closure after a tragedy. Successful litigation can help people feel vindicated about their loss and may reduce the financial impact of a recent tragedy.