Suddenly losing a loved one can have many challenging consequences. The loss of their income can prove devastating for the family, especially if they were the primary or sole wage earner. Survivors may have to redistribute household tasks and work through their grief. They may have medical bills and funeral costs to address.
A wrongful death lawsuit can help diminish the economic harm that a premature death causes for survivors. Typically, those who can show that a loved one’s death was the result of either misconduct or negligence may have grounds for a lawsuit.
A business or person at fault for a tragedy may need to compensate those left behind. However, the state generally limits wrongful death litigation to those filing for tragedy. Who has the right to file a wrongful death lawsuit?
Personal representatives often file
Those dealing with grief may not be in a position to navigate the court system. Thankfully, they often do not need to take direct action. Instead, they can rely on the personal representative administering the deceased party’s estate to file the lawsuit. If the lawsuit is successful, then the personal representative can distribute the proceeds among the family members affected by the tragedy.
In scenarios where there is no personal representative appointed, then immediate family members, including surviving spouses, parents or next of kin, may have the option of initiating a wrongful death lawsuit.
Learning about the laws that govern wrongful death lawsuits can help families seek justice after a tragedy. Those who have lost a loved one may be able to file a lawsuit or rely on a personal representative to do so.