Wrongful death laws allow a deceased person’s family members to file legal action so they can seek compensation for the loss of their loved one. To file a claim, survivors must first prove that someone else was to blame for the accident to be in a position to receive compensation for their loss. Then, they can obtain compensation for their subjective damages based on the value their loved one’s life had to them.
First, the family should contact a Mclean, VA, wrongful death attorney to learn more about their legal rights and how the process may unfold. Having the right legal guidance puts them in the best position for success and minimal stress in the process.
State Wrongful Death Law Determines Who May File the Lawsuit
Each state has its own laws about who may file a wrongful claim. In some jurisdictions, the personal representative of the estate files the case. If the deceased person had a will, they likely have named someone to serve as a personal representative. That person will deal with all the matters of the estate, including filing the wrongful death lawsuit. If there is no personal representative, the court will appoint someone to serve in that capacity, and they will file the claim. The family will be entitled to one solitary wrongful death claim that all affected parties will join.
Other states allow the surviving spouse to file a wrongful death lawsuit. Again, the spouse will file the case for everyone with the right to receive damages, including the surviving children. If there is no spouse, the adult children may file a wrongful death claim. In these states, if the spouse does not file a wrongful death lawsuit within a certain time, other beneficiaries can file the claim.
Your family should carefully review your state’s laws with the help of a wrongful death attorney. They will explain who can file the lawsuit and what you need to do to seek justice and accountability for the loss of a loved one. Since each state has different laws, you must consult with an attorney familiar with your state’s wrongful death laws.
States Vary in Which Family Members Are Allowed to Join the Wrongful Death Lawsuit
Some states have broader laws than others regarding who is allowed to sue for wrongful death. In some states, only the surviving spouse and children may file the lawsuit. In these states, the parents may be unable to file and join in the claim if there is a spouse or children. If there is no spouse or minor children, the parents can sue.
Other states have laws that are far more broad in allowing people to join the wrongful death lawsuit. At the other end of the spectrum, some states allow all family members who had some type of loss when their family member died to join in the lawsuit. The more people there are who are a part of the lawsuit, the more difficult it may be to divide wrongful death proceeds. State laws usually determine how plaintiffs must divide their compensation. However, the family may still disagree on who gets what portion of the settlement, leading courts to get involved.
In most states, there is one wrongful death action that encompasses every family member. In a minority of states, each person will file their own separate wrongful death case, but all of the lawsuits will be heard together since they involve the same set of facts. The survival lawsuit, which compensates the estate for the damages suffered by the deceased person before the time of their death) is also adjudicated alongside the wrongful death lawsuit.
The Family Must Work Together on the Wrongful Death Lawsuit
No matter who files the wrongful death lawsuit, certain things apply to every case. It is important that the family works together seamlessly on the case, even if one person is tasked with filing the lawsuit. Your family will need to prove your damages, and they will divide the proceeds of the case if it succeeds. If the family is at odds with each other, it can take away from the effectiveness of your case. It is difficult enough to fight the insurance company without individual family members fighting each other.
Your family will need every dollar that it may receive in compensation for a wrongful death case. This money will replace the income that the deceased person would have earned, and it will compensate you for your individual losses based on the nature of your relationship with the deceased person. It is vital to know exactly how much your case is worth before you file it and to support the amount you are seeking.
How Much Does a Wrongful Death Attorney Cost?
If you have recently lost a loved one, you may be concerned about how much it will cost to retain a lawyer. Fortunately for survivors, almost all wrongful death lawyers take their cases on a contingency fee basis, meaning you can retain a lawyer without spending any money up front. In fact, any legal fees you pay will come out of your settlement or award, which means you will never have to pay for legal help out-of-pocket.
Reach Out to a Wrongful Death Lawyer to Learn More
Your family should contact a wrongful death attorney to represent you in your case. A wrongful death lawyer can lead the fight for your family to obtain compensation for the loss of a loved one. An attorney can gather evidence that can prove the death was wrongful. They can also work with your family to quantify the damages that you have suffered and fight for you to get every dollar that you deserve.
The insurance company will not make the case easy for you, so you need to be prepared to come to fight. You are not alone. A personal injury lawyer will handle all the details of your case so your family can focus on other important things during this difficult time.