Wrongful death claims are brought by the surviving family members of the deceased. There are specific laws that govern these claims. The statute outlines the circumstances that make a claim viable. Here are some of the most common circumstances. You should also understand that wrongful death claims are often complex, so it is imperative to consult with a legal professional before filing one. Here are the most common types of wrongful death claims:
Requirements For a Wrongful Death Lawsuit
A wrongful death lawsuit may be filed by a representative of the surviving family members of the deceased. These individuals are known as “real parties in interest.” The list of eligible survivors varies from state to state, but may include spouses, children, putative spouses, financial dependents, and grandparents. Depending on the circumstances, a wrongful death claim can take years to bring to court. Therefore, it is vital to work with a lawyer early in the process to ensure that your case will be successful.
You must prove that the death was the result of someone’s negligence. You must be able to prove that the person was negligent in some way and failed to use reasonable caution. The negligence must be severe enough to cause substantial damages. Often, a civil jury will award a wrongful death lawsuit even if the defendant is found not guilty of a crime. This is why it is so crucial to hire a lawyer experienced in wrongful death claims.