Wrongful death refers to a death that is caused by negligent or wrongful actions by a person, such as carelessness or criminal conduct. When an individual or company is responsible for the actions that cause someone’s death, they can be held liable for a wrongful death.
When a family experiences the loss of a loved one as a result of someone else’s careless or intentional action, hiring the right lawyer for wrongful death claims can help.
Due to the fact that it is brought about by the victim’s family, it is pretty complex to determine eligibility. This blog will talk about who can file a wrongful death claim and provide essential information on the parties you can sue in a wrongful death case.
Who can file a wrongful death claim?
Eligibility to sue for a wrongful death claim depends on the region’s legal apparatus. Here are some examples of people who are eligible for a wrongful death claim.
- Family members such as the spouse, parents, or kids directly affected by such a loss.
- Relatives, be they distant cousins or extended family, can step in to file such claims when the immediate family is indisposed.
- Beneficiaries and financial dependents.
Who can be sued in a wrongful death case?
When filing a wrongful death claim, it is imperative to have the necessary legal assistance that aids in making sure your grievances can be channeled properly. Any person or company involved in causing fatal harm or damages, be it directly or indirectly, can be sued in a wrongful death suit. Here are some examples:
- Suppose a commercial truck driver driving recklessly under the influence of alcohol or any harmful substance runs over a family member or a loved one. In that case, both that driver and the company can be sued for reckless endangerment and negligence on the company’s part.
- A consumer purchases a face moisturizer and, after applying it a few times to her face, starts experiencing blisters or a burning sensation, which leads to disfigurement or skin cancer and, subsequently, death. A family member can sue the company responsible for producing such a product and everyone in the distribution chain, suppliers, and retailers for a wrongful death case.
- A doctor schedules and performs a procedure on a patient and, in the process, forgets a surgical instrument inside the patient and stitches it up; if that error leads to the death of that patient, the doctor who performed that operation and the hospital in which it was carried out can both be sued through a wrongful death case. Medical malpractice is a significant area for wrongful death claims.
- Workplace accidents can lead to deaths. The lack of safety measures can be the reason for the accident. Such a breach of duty on the employer’s part can lead to them being sued for wrongful death claims by the family on the grounds of a hazardous work environment.
- A new vehicle suddenly experiences a system malfunction on the expressway, leading to the death of the driver and other motorists. The manufacturer and distributor of that vehicle are liable in a wrongful death case. The families of the victims can also sue the mechanic responsible for installing that particular faulty part on the vehicle.
An exception to these rules are government agencies, which are protected by qualified immunity. They cannot be held accountable for specific actions within the jurisdiction of carrying out their duties under the Constitution.
Conclusion
Wrongful death lawsuits are challenging and come with an emotional strain on the families of the victims. Even though filing such a suit doesn’t eliminate the pain that losing a loved one causes, it helps you hold the company or corporation accountable for their actions and ease some of the accompanying financial burden.
