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As with all specific factors regarding a wrongful death suit, states vary on who can collect in a wrongful death action. Most states allow children and spouses of the deceased to collect and some states also allow parents of deceased children to collect. A personal representative of the estate is allowed to file a wrongful death suit in order to collect payments for medical and funeral expenses which would be paid out of the estate.
Wrongful death occurs when an individual is fatally injured due to misconduct or through the negligence of another person, company, or entity. In such cases, immediate family members, including parents, spouses, and children, are almost always eligible to file the claim. Minors who are filing a claim may need an adult guardian to take the wrongful death lawsuit to court. Some states also permit additional family members, such as stepparents, grandparents, and dependents, to file suit.
Types of Wrongful Death
Although wrongful death is most often caused by doctor negligence, it can also be a direct result of reckless behavior, reckless driving, dental malpractice, product malfunction, unsafe premises, or sport related accidents. Whether a drunk driver killed a family member, your spouse died due to medical malpractice, or your child was killed on unsafe playground premises, the loss of your loved was caused by another person, which can be held accountable in court.
In addition to the severe emotional trauma caused by a sudden death, there are other factors that weigh heavily on the shoulders of the dependents. If an injustice has occurred, grief may be prolonged. Anticipated earnings until the expected time of retirement, as well as medical bills and other expenses, is an issue which needs to be addressed. Our attorneys will fight for your family's rights in court. We can seek compensation for families of the deceased to cover the following:
Federal laws and state statutes may limit the amount of time you have to file your wrongful death lawsuit. Don't delay! A full investigation is essential for filing a wrongful death claim. Time is of the essence.