File a wrongful death lawsuit

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Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. Learn who may have the legal right to bring this kind of legal action in your state's civil court system.

Depending on Where you Live, Different People Can Bring the Lawsuit Because the law states that a deceased person cannot file the lawsuit, that leaves us with the question, Who can file a wrongful death lawsuit?

Each state has its own set of laws controlling wrongful death claims, and the legal and procedural rules vary from state to state: Each state allows a wrongful death claim to be filed by immediate family members. Typically, if the decedent was married, a surviving spouse brings the lawsuit. If the decedent was an adult, some states also allow an adult child to bring the lawsuit.

If the decedent is a minor child, a parent usually brings the lawsuit. Some states allow one member of a civil union or domestic partnership to bring a wrongful death lawsuit on behalf of their partner. If the decedent is a single adult, most states also allow more distant family members -- such as grandparents, siblings, or aunts or uncles -- to file the lawsuit.

What If the Decedent Had a Will? Talk to a Lawyer Need a lawyer? Because in wrongful death cases, the actions of the defendant caused the unnecessary death of another, it might seem like a wrongful death case is a criminal matter but it is actually a civil matter. There are major differences between criminal and civil cases.

First, in a civil case, justice is represented by a monetary award; in a criminal case, justice is usually represented by imprisonment, probation, or fines. Second, civil matters are typically brought to the court by average citizens. For example, in a wrongful death civil suit, the surviving family members are usually the individuals who bring wrongful death claims to civil court.

Conversely, criminal matters are brought to the court by either the state or the federal government. A state prosecutor, for example, might bring charges against a defendant for the crimes of murder or manslaughter.

Third, the degrees of proof are different in civil cases and criminal cases. Billy is diagnosed with Appendicitis. Unfortunately, halfway through the desired routine surgical treatment, a medical professional nicks an artery in Billy, killing him within minutes.

Both the medical professional and hospital may be held responsible in a wrongful death legal action. Joe buys a new candy at the checkout line of the grocery store every time he shops. One day, Joe purchases a brand-new flavor of Skittles that no one has tried before. Joe eats the whole bag of Skittles and experiences kidney failure that causes his eventual death. The producer of the product may be held liable in a wrongful death claim.

John and Bob start an argument over who runs faster. One day the two men decide to race to settle the conflict once and for all. Both John and Bob run a 6-minute mile which angers them both even further. John becomes so upset that he threatens to retrieve his tire iron. Nonetheless, John strolls to his automobile, reaches for his tire iron, and sure enough, kills Bob. Rather, assault is a willful attempt or hazard to bring upon injury that places one or more individuals in fear of imminent physical harm.

Battery, nevertheless, is the intentional touching of another individual in a dangerous or offending method without consent. The person that causes damage may be held responsible in a wrongful death lawsuit.

For instance :. Some states begin their statute of limitations time limit on the day of the death, while others begin upon discovery of the harm. Next off, a wrongful death lawyer must submit the appropriate documents to start the legal action officially. Typically, this first document in a civil case is called a complaint or petition. This complaint or petition must provide the accused with notice of the factual and legal grounds for the case.