A wrongful death suit is filed when a person believes that someone close to them lost his life due to the negligence of another. These suits are often filed when a person is murdered by another, killed by another in an auto accident or dies due to the negligence of a medical professional. These are some examples of those who may file a wrongful death case when someone dies due to the fault of another person.
Immediate Family Members
If the deceased person is married or is a parent, his spouse or children can file a wrongful death suit against the person who caused the death of their loved one. The immediate family members may ask for restitution for the loss of present and future income the deceased person provided for them.
They may also ask to be compensated for the emotional pain they now suffer due to the loss of their spouse or parent. The parents of the deceased can also file a wrongful death suit for the loss of their child, even if the deceased person was a legal adult who did not reside with them.
Distant Family Members
In some states, distant family members, such as siblings or grandparents, may also file wrongful death suits against a party who caused the death of their loved one. For example, if a child who was being raised by her grandparents is killed in an auto accident that is the fault of another, the grandparents have the right to file a wrongful death suit against the at-fault party.
Life Partners And Other Dependents
Some states also allow life partners to file a wrongful death suit against a party that caused the death of their loved one. Even if the deceased person was not married, the life partner may suffer a great financial and emotional loss when their loved one passes away.
Other dependents that may also file include step children and former spouses that relied on the deceased person financially. If the deceased person was divorced but paid regular alimony to a former spouse, the former spouse may be able to request restitution for current and future alimony that would have been paid had the deceased person not died.
If the deceased person was a co-owner of a business that will now suffer financially, his business partner may be able to file a wrongful death suit against the person who was proven to have caused his death. Depending on the state the suit is filed in, any person who depended on the deceased person financially may be able to seek restitution for the loss.
In some states, the parents of a deceased fetus may also file a wrongful death suit against the medical professional or other person they believe caused the death of the unborn child. However, certain states only allow this if the baby was born alive and then passed away after birth. Contact a wrongful death attorney like one from Fitzsimmons & Vervaecke Law Firm for more information or assistance.Share