It is natural to wonder who can file a wrongful death lawsuit after losing a loved one. These tragic events can bring deep emotional pain and financial hardship. Whether the loss was due to a motor vehicle accident, medical malpractice, or workplace accidents, the sudden absence of a parent, child, or partner can change every aspect of a family’s life.
A wrongful death lawsuit can usually be filed by close family members or a legal representative of the deceased person’s estate. This often includes a spouse, parent, children, or even a domestic partner, depending on state wrongful death laws.
Consulting a Los Angeles wrongful death lawyer can help you determine if you are entitled to take legal action.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a type of legal action filed when someone dies because of another party’s negligent behavior, reckless actions, or criminal behavior. These lawsuits are part of the civil lawsuit system and are separate from any criminal case that might also take place.
These claims may arise from different types of events, including motor vehicle accidents, workplace accidents, medical malpractice, defective products, or a fatal accident caused by a drunk driver. Surviving family members may bring a claim under state wrongful death laws if they meet eligibility rules.
Possible Compensation for Surviving Family Members
Wrongful death claims can help families recover money for both economic damages and non-economic damages. This can ease the financial burden that often comes with a tragic event and help cover ongoing needs.
Common types of damages include:
- Medical expenses, hospital expenses, and funeral costs
- Burial and funeral expenses
- Loss of income, including future income that the deceased would have earned
- Loss of inheritance, loss of benefits, and loss of services
- Loss of consortium, loss of companionship, and emotional distress
In some situations, the court may also award punitive damages to punish extremely dangerous or egregious behavior. These are less common and often depend on the facts of the case.
Time Limits for Filing a Wrongful Death Claim
Each state has its own wrongful death statute, which includes a filing deadline, also called the statute of limitations. In California, for instance, victims have two years to file a wrongful death lawsuit. If the deadline passes, the court may not allow the case to proceed.
Eligibility to File a Wrongful Death Lawsuit
Every state has wrongful death statutes that define who can file a lawsuit, and the list of eligible family members may vary. In general, the right to file may include:
- Spouses or domestic partners: A surviving partner can usually file a claim for compensation related to the loss of companionship, loss of services, or financial support.
- Parents of a deceased child: Both biological parents and adoptive parents may have the right to file, depending on the wrongful death laws of the state.
- Children of the deceased: Adult children and minor children may seek damages for the loss of a parent, including emotional distress, financial support, and inheritance losses.
Extended family and other parties, such as grandparents and siblings, may be entitled to file a claim under certain circumstances. Legal guardians or appointed representatives may also be able to pursue legal action, especially in cases involving deceased children or adults without a spouse or biological children.
(310) 526-8383Steps for Filing a Wrongful Death Claim
Taking things one step at a time may help families understand what to expect during the legal process. While every case is different, most follow a similar path. Below are some of the key stages that families usually go through when bringing a wrongful death lawsuit.
Determining Eligibility and Gathering Information
Before filing a claim, it’s important to know who is allowed to take legal action under state wrongful death laws. In many cases, a biological parent, spouse, adult child, or legal representative of the estate may file the lawsuit.
At this stage, a Los Angeles personal injury lawyer can begin collecting basic information to support the case. This may include accident reports, medical records, and proof of funeral expenses.
Filing the Lawsuit and Serving the Other Party
Once the facts are clear and the claim has a basis, the next step is to file the civil lawsuit in the appropriate court. The person filing the claim must make sure the other side (the defendant) receives notice of the lawsuit. This is called the service of process.
The lawsuit will state who the responsible party is and describe how their wrongful actions caused the untimely death. It will also list the types of damages being requested.
Dealing With Insurance and Reaching a Settlement or Trial
After the lawsuit is filed, the legal team may begin negotiations with insurance companies. This part of the process can involve reviewing personal injury claims, checking coverage under auto insurance or commercial insurance, and working to reach a fair settlement that covers both economic damages and non-economic damages.
If a settlement cannot be reached, the case may move to trial. During the trial, both sides present evidence, and a judge or jury will decide the outcome. In either case, having legal representation can help families understand the process and avoid missing important steps.
Get Legal Assistance From a Wrongful Death Lawyer
If your family is facing the loss of a loved one due to another person’s negligent behavior or wrongful actions, it may be helpful to speak with a wrongful death attorney. Our team at Omega Law Group Accident & Injury Attorneys offers free consultations, allowing families to ask questions, understand their legal rights, and decide how to move forward.
We can explain who the eligible family members are, what wrongful death claims might apply, and how wrongful death laws work. We may review the facts of the fatal accident, gather accident reports, examine accident scene photos, and help identify all responsible parties.
