April 7, 2022

Who Can File a Wrongful Death Lawsuit?

Those who lose their loved ones to an unexpected accident may have the option to request significant compensation. This can be helpful for those who are suffering financial strain from the loss. Knowing who can file a wrongful death lawsuit is important for pursuing this option. The next most important thing is what the requirements are. Do not hesitate to contact a Jackson wrongful death attorney to find out more.

When to File a Wrongful Death Lawsuit?

A wrongful death lawsuit can be filed when a person passes away due to an injury caused by a third party. This third party could be one person or a business. Wrongfuldeath claims operate based on tort law, meaning a civil wrong that involves liability to someone else.

Three types of torts could be involved in a wrongful death scenario. These include negligent torts, strict liability torts, and intentional torts. Differentiating between these is important when someone wants to sue someone for wrongful death. The reason behind the death will guide this process.

Negligent torts mean actions that were taken or not taken that contributed to an accident. In other words, someone who is negligent is someone whose actions or failure to act caused harm to someone else. Car accidents and medical malpractice are some examples.

, Who Can File a Wrongful Death Lawsuit?, Germany Law Firm PLLC

Strict liability torts apply to defective products. This could mean selling or manufacturing a product that was defective in design, production, or marketing. The product seller or manufacturing company could be sued depending on how the defect occurred.

Intentional torts involve intentional actions that cause harm to someone else. In the context of a wrongful death claim, this could mean one person attacking another person, resulting in that person’s death. Assault and other forms of violence may fit this category.

Who Can File a Wrongful Death Lawsuit?

Not everyone can file a wrongful death lawsuit. Real parties in interest laws restrict the filing of a wrongful death lawsuit to family members. Other parties who may file a wrongful death claim include:

  • Financial dependents
  • Distant family members

Immediate family members are the ones who most often file a wrongful death claim. However, distant family members like siblings and grandparents may also file a claim depending on the circumstances. In certain situations, the parents of a fetus who passed away can file a wrongful death claim too. Essentially almost anyone managing the financial assets of the person who passed away may file a wrongful death claim.

If you have questions, try contacting a Jackson wrongful death lawyer to see what options you have. An experienced lawyer can walk you through the claims process and help you build a case for significant compensation.

Wrongful Death Attorney in Jackson

Going through the loss of a loved one can make filing a wrongful death lawsuit stressful. You can contact the Germany Law Firm, PLLC today at (607) 487-0555 to talk to a Mississippi wrongful death lawyer for a consultation. Our legal team might be able to help you obtain compensation for medical costs, pain and suffering, and lost wages.

A Voice For Injured Victims For 40 Years


Germany Law Firm PLLC © Copyright 2022. All Rights Reserved.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram