Accidents do occur from time to time. While most of these may be a result of unavoidable circumstances, others may be caused by some ignorance or fault of another party. So in a case where someone dies as a result of someone else’s fault, a wrongful death lawsuit can be filed. With a wrongful death lawsuit, the survivor will be seeking to be compensated for lost companionship, wages, funeral expenses and other losses that may result from the death. The right to file for a wrongful death lawsuit is a new concept in the United States and was adopted from England in the last century. Currently, every State in the country has its own set of laws regarding wrongful death. Wrongful death claims can happen in any industry ranging from medical malpractice, car accidents to product liability cases.
Who has the right to file for wrongful death?
A wrongful death claim can be a hectic process that needs a reliable representative of the survivors. These representatives, hereby called ‘real parties in interest’ step in to help follow up the legal process of compensation. Some of these may include the following:
Life partners and financial dependents – in some cases, the deceased may leave behind a life or domestic partner. In other instances, this can be just anyone who was wholly dependent on the decedent financially. In other states, even a putative spouse has a right to file for wrongful death.
Immediate family members – Most state laws in the United States allow for immediate family members like children, spouses and parents (in cases of unmarried children) to file for damages in cases of wrongful death actions. According to Texas law, for instance, an adopted child has the right to file for wrongful death but has no right to do the same for their biological parents.
Distant family members – Subject to the State’s laws, more distant family members like grandparents, uncles, aunties, brothers and sisters can file for wrongful death suits. In Texas, however, this does not apply since the deceased’s siblings and grandparents do not have the right to file for wrongful death, no matter the circumstances.
Any other party that will suffer financially – In some instances, the deceased may have been financially supporting other parties that may not necessarily be family members. In this case, these beneficiaries have a right to file for wrongful death and seek compensation for the loss they will encounter going forward.
The Statute of Limitations for Wrongful Death Lawsuits
As much as beneficiaries may have a right and have a reason to file for wrongful death lawsuit, there are notable wrongful death statues that have to be adhered to. For instance, there is a specific time limit within which a wrongful death lawsuit must be filed. When this period expires without any action, then the case becomes invalid, however genuine it may be. The period of time allowed can vary from State to State, and his may range from a few months to a couple of years. Usually, this time period starts from the day of death, albeit with a few exceptions.
Under Texas law, for instance, there are two distinct claims that allow for recovery of the survivors; wrongful death action and survival action. The survival statute in Texas allows an estate representative or executor to file for a claim on behalf of the deceased for suffering, pre-death conscious pain and other damages. For medical claims, there is a special statute that offers a time-frame of 2 years from the date that the malpractice started, rather than the date of death. Otherwise, the statute of limitation in Texas regarding a wrongful death is two years after death.
Do You Need an Attorney to File a Wrongful Death Claim?
Just like any other case, you will need a legal representative to help you follow up on the case and file appropriate suits. An attorney will come in handy to help you with the process and get you restitution to focus on other, equally important matters. The attorney will help in determining a legally supportable reason for the claim. This legal representative should be able to prove that the deceased not only lost his life as a result of someone’s fault or negligence, but their death has also led to emotional and financial anguish for the dependents.
As much as there are specific statutes of limitations in regards to wrongful death, some instances may not count. For instance, Texas law states that when a person survives an accident but a few years later dies due to complication from the same, you may not have the grounds to file for a wrongful death claim. Instead, this lawsuit will be categorized as personal injury statutes of limitation.
If you have reason to believe that your loved one died as a result of ignorance, negligence, malpractice or any other legal fault, it is advisable that you speak to an attorney as soon as possible. It may take some time to put up a formidable case and so by picking up on the cases early, you have better chances of getting the right compensation. Contact Bennett Injury Law today if you have questions or may have a case.
