It is very natural in the event of an accident that results in the loss of life for the surviving family members to want to ensure that whoever or whatever was responsible is held accountable. In some cases, the accident was just an accident, and there is no legal recourse.
However, if the loss of life was due to the fault of another person or entity, such as a company, the survivors can file a wrongful death claim. In these situations, the case must show the other party’s negligence or fault to receive compensation.
Who Can File?
There are specific guidelines around who can file a wrongful death claim. These include immediate family members, such as spouses, parents, or children. Other people who may be able to file a claim include life partners, relatives with a financial dependence on the deceased, or common-law partners.
The question of who can file is different between states. Some states allow distant family members or unrelated people who suffer financially from the loss.
Who is Listed in the Claim?
Not all entities and people can be sued for wrongful death. Many government agencies and employees of these agencies are immune from these types of legal actions. It is even possible for specific types of companies to be immune from these types of cases.
In most cases, more than one entity or individual will be named in the wrongful death action. The lawyers at Snyder & Wenner personal injury attorneys can assess your case, identify all parties involved, and provide exceptional legal representation at this very difficult time.