FAQ: Wrongful Death Claims
Whenever a death occurs it is clearly a sad circumstance to deal with, but when someone dies because of the actions of a negligent party it can make a hard situation even worse. When a person dies because of the fault of someone else you may want to receive some sort of compensation for the loss you are dealing with, whether it be for funeral expenses, the wages they lost from never being to work again or even just for your pain and suffering. The following is a list of frequently asked questions surrounding wrongful death claims that will let you know exactly what they are, who can make them as well as what compensation you may be eligible for in such trying times.
Who Can Sue for a Wrongful Death Claim?
Not everyone is able to sue for a wrongful death claim. It can only be filed on behalf of a survivor or survivors who experience suffering from the person who has died. Called the “real parties of interest” states can vary on who is able to file a suit but examples of them would be:
- Immediate family members – All immediate family members such as parents, spouses and children are able to file a wrongful death lawsuit.
- Distant family members – Some states allow distant family members such as sisters, brothers and grandparents to bring wrongful death lawsuits.
- Life partners, financial dependents and putative spouses – In some states a life partner, anyone who was financially dependent on the person who died as well as a putative spouse which is a person who had a good reason to believe they were married to the deceased have a right to bring up a wrongful death lawsuit.
- People who suffer financially – In addition to family members that are financially dependent to the victim some states allow anyone who is financially dependent on the victim to be able to bring a wrongful death claim even if there is no blood or marriage relation to the deceased.
- Parents of a deceased fetus – Depending on the state some allow the death of a fetus to be the basis of a wrongful death lawsuit while others states only allow it if the child was born first and then died.
Who Can Be Sued in a Wrongful Death Claim?
Depending on the situation there is a wide range of people or entities that can have a wrongful death claim brought up against them. One example of this could be a fatality related to a drunk driving accident where the defendants in the lawsuit could be:
- The driver or employer responsible for the accident.
- The manufacturer or distributor of a faulty part of the vehicle that could have played a part in the accident occurring.
- The builder of the faulty roadway
- Any government agency that did not provide proper warnings about a road hazard that lead to the accident
- The individual who sold or served alcohol to the driver that caused the accident
- The owner of the building where the alcohol was served.
Schedule a Consultation With a New Jersey Personal Injury Attorney Today
If you or a loved one are dealing with a wrongful death claim you need a knowledgeable attorney like Christopher A. Brown who is dedicated to getting you and your family the compensation you deserve. Call us today or fill out the from on this page for your initial consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly