Anger is a completely natural response to losing a loved one. It’s crucial for a grieving person to have their anger acknowledged to help them thrive. While that’s true, sometimes a grieving person’s anger gets misdirected.
In pursuit of justice, they may attempt to sue for wrongful death against the person they feel is guilty.
This doesn’t always work out, and sometimes, it’s a waste of time and money. So, before you support the quest for compensation, you need to know who can sue for wrongful death and when.
Read on to learn what situations warrant a lawsuit and how to seek one out.
Who Can Sue for Wrongful Death?
So, first thing’s first — who can seek out a wrongful death lawsuit? A wrongful death claim gets filed when a person’s life gets taken as a result of someone else’s negligence.
A legal duty to provide for that person’s care must have existed, though. We’ll get into more on that below.
After the person passes, only specific parties that get harmed by the death can seek out a claim. These parties often include:
- Surviving spouse
- Surviving children
- Siblings or parents
- The executor of the estate
These parties will only be eligible to seek a claim if they suffer financial harm due to the death. Plus, the situation must have all the elements of a claim. Learn more on that below.
Common Types of Wrongful Death Situations
So, what types of situations warrant seeking out a wrongful death claim? To seek out a claim, the following elements must exist:
- The party had a legal duty to provide for your loved one’s care
- The party failed to uphold that duty of care
- The breach in duty of care directly caused your loved one’s death
- You suffered harm as a result of the death
The main element we’ll discuss here is the legal duty of care. In some situations, an implied duty of care exists. For instance, when you get behind the wheel of a vehicle, you have a duty to provide for other motorists’ care.
Other situation where a duty of care exists includes situations like:
- Medical malpractice
- Premises liability
- Defective products
- Intentional assault or injury
If you’re a surviving family member, then it’s best to learn about wrongful death in more detail. That way, you can make an informed choice on whether a claim is worth it.
How to Handle a Wrongful Death Lawsuit
After reading this, you should know who can sue for wrongful death and when. While all deaths are untimely, not all deaths give rise to these types of legal lawsuits.
If you do think you have the basis of a claim, then it’s important to act fast. It’s also important to hire a quality lawyer who can help. This type of significant lawsuit requires the expertise of an attorney.
Did you learn something new in this article? Are you looking for more important ways to thrive throughout 2022? If so, then you’re in a great place to learn.
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