Some people die of natural causes later in life, while others die far earlier than their likely life expectancy. Acquired illnesses and serious injuries, as well as criminal activity, can result in premature mortality.
Families that expected to have decades longer with loved ones sometimes have to abruptly adjust to life after a loss. They lose the love and practical support of a family member, as well as the income that they provided for the household.
In some cases, those grieving a tragedy might hope to hold a specific party accountable. Wrongful death statutes allow for specialized personal injury litigation brought on the basis of a loved one’s death. Who has the option of taking legal action after a tragedy?
Only certain circumstances qualify
It is natural for people to feel angry about the sudden loss of a loved one and to look for someone to blame. However, wrongful death litigation is only an option in qualifying circumstances.
There needs to be evidence of wrongful acts, negligence or defaults to justify litigation. The standard for evidence is a bit lower in the civil courts than in the criminal courts. It may be possible to file a lawsuit even if the state could not bring criminal charges against the person or business who caused the tragic situation.
Only one party can file
If families believe that their circumstances warrant a wrongful death lawsuit, they likely need to communicate with the person overseeing estate administration for the decedent. The personal representative or executor of an estate is the party authorized to pursue wrongful death litigation.
They request compensation for the losses caused by the party at fault. They then distribute the proceeds of a successful lawsuit among the immediate family members of the decedent.
A successful wrongful death lawsuit can lead to financial relief for those saddled with sudden expenses and strained by the loss of a loved one’s income. Litigation can also provide closure for those grieving the loss of a family member.
Reviewing what led to a recent tragedy with a skilled legal team can help families determine if they have grounds for a wrongful death lawsuit. Survivors who understand who can file a lawsuit can potentially ask the courts for justice after a tragedy.