When a person is killed due to the negligence of another
party, the victim’s family can hold the party legally responsible by filing a
wrongful death claim. Although nothing can ever make up for the loss of a loved
one, a wrongful death claim can provide grieving families with the opportunity to
obtain justice on behalf of the victim and recover much-needed compensation for
medical expenses, funeral costs, and lost income.
Who can file a wrongful death claim?
Wrongful death claims and lawsuits can only be brought by “real
parties of interest”, which usually includes:
- Immediate family members – refers to spouses, children, and parents if the victim was unmarried
- Life partners and putative spouses – refers to domestic partners, life partners, and “putative spouses”, which means the person believed in good faith that he or she was legally married to the victim
- Distant family members – refers to brothers, sisters, and grandparents of the victim
- Financial dependents – refers to any person who was dependent upon the victim’s financial support
What parties can be sued?
Wrongful death claims and lawsuits can be filed against
various types of parties, such as individuals, employees, businesses, and
government agencies. For example, the real parties of interest could file a
wrongful death suit against:
- A doctor whose misdiagnosis caused the victim’s death, and the hospital that employed the doctor
- A driver who caused a fatal collision because they were texting behind the wheel
- An employer who failed to provide a safe working environment, which led to the victim’s death
- An automobile manufacturer whose defective vehicle caused a fatal accident
- A pharmacist who failed to warn a patient about potentially fatal drug interactions
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