Any eligible family member of a sound mind is allowed to sue for the wrongful death of their loved one. The death could occur from an accident, with the most common one being a car accident. But you will find only a few people presenting such a case. It is, therefore, crucial for a family member to file a wrongful death suit. This is to stand on behalf of your departed loved one for the numerous injury damages. So, who are these family members that are eligible to sue for wrongful death caused by a car accident?
Times are changing, and wrongful death cases are taking different forms. Taking somebody to court for causing another person’s death never existed in the previous years. So as a family member, there was no way you could recover damages after your loved one’s death. But today, those who are eligible to file wrongful death cases are:
- The spouse to the deceased
- The deceased parents
- The deceased property representative for any asset left
Mostly, the deceased loved one takes the first step to file a wrongful death lawsuit. The deceased spouse is also eligible to present a case on behalf of their children who are under 18 years old. And at least the spouse benefits from a third of each damage claim. There are some instances where the deceased was unmarried, and neither had any child. In such cases, the parents of the late are eligible to file a wrongful death suit.
So, the right people to file the suit are the spouses, children, and parents. Also, a person standing for the deceased estates can file the case. Usually, a probate court selects the representative to present a claim through their name. If the representative wins the case, any estate property will be seized for the next surviving kin to receive it.
Wrongful Death Damages a Family Member Can Sue
Surviving family members who bring a wrongful death case for their departed loved one will claim damages worth the full value of the deceased life. Such include; lost wages, funeral costs, treatment bills, and numerous others. Also, a family may decide to punish the at-fault party for causing death as a result of drunk driving. This is because the driver neglected the fact that drinking and driving can cause accidents, and it’s against the law.
What do you need before you can Sue for wrongful death?
Similar to a personal injury case, there has to be proof if it’s negligence that caused the death. So you have to be your brother’s keeper and not act in a way that could harm him. This will significantly reduce the number of accidents caused by negligence. If negligence causes death, then the accused person must face the law and cater for all damage expenses. The deceased person cannot file any case; hence a family member will have to stand for their loved one.
Conclusion
If your loved one’s death was caused as a result of negligence from the at-fault party, a family member would file a lawsuit to seek compensation from the damages. You can’t bring back your loved one’s life; that’s why a wrongful death attorney will help the family member get settlement worth the full value of the deceased life. For instance, a wrongful death attorney in Kent, WA, will work with you in a passionate and empathetic way to ensure you have a peaceful grieving moment and full compensation for your loss.
2018 ·