Losing a loved one is never easy, and the pain can be even more unbearable when someone else's negligence or wrongdoing causes their death. In such cases, the family members of the deceased may naturally wonder who has the right to file a wrongful death suit.
Wrongful death suits are legal measures to hold the responsible party accountable for their actions. The objective is to provide financial compensation for the surviving family members — usually economic dependents of the deceased victim.
Without a doubt, the best course of action for any surviving family is to hire a wrongful death attorney. The right lawyer will know the law in your state, fight your corner, and bring peace of mind to any wrongful death claimant.
Nothing can replace your beloved family members, but safeguarding your financial well-being goes without saying. Start by contacting a wrongful death lawyer near you.
Each State is Different
Each state has its own specific laws and regulations regarding wrongful death. The laws determine who can file a lawsuit, the timeframe within which it must be filed, and the damages claimants can seek. Therefore, anyone suffering a loss must consult a knowledgeable attorney who is familiar with the wrongful death laws in your state to ensure you take proper action.
In Many States, Only the Personal Representative of the Estate Can File a Wrongful Death Suit
Let's take a closer look at states like Alabama as an example of how the laws regarding wrongful death differ from state to state. In Alabama, only the personal representative of the decedent's estate has the authority to file a wrongful death lawsuit. This personal representative is typically appointed by the probate court and acts as the estate's legal representative.
The personal representative might be designated in a will presented to the probate court. If there is no will, the probate judge will determine who is best fit to serve in this role. Not only does the personal representative distribute the estate, but they are also the representative of the family in a wrongful death case if the death was preventable and someone else was to blame.
The personal representative is responsible for acting on behalf of the deceased individual and pursuing the lawsuit in the best interests of the estate and the surviving family members. They have the duty to gather evidence, communicate with the defendant's attorney, and negotiate a settlement or pursue the case in court.
If you are the personal representative of an estate of someone you believe died wrongfully, seek legal representation immediately. There is limited time to take action, so consult a wrongful death lawyer in your area now.
Keep in mind that in several other states, family members can file the claim directly.
The Immediate Family Members Benefit from the Proceeds
Even in states with a personal representative requirement, if a wrongful death lawsuit is successful, the proceeds are distributed to the immediate family members of the deceased. The specific distribution may vary depending on the circumstances and the relationships between the family members. Generally, the spouse and children are the primary beneficiaries, but in cases where the deceased had no spouse or children, the parents may be entitled to a share of the proceeds.
The settlement or award will be properly distributed by the personal representative as part of the estate or as directed by the court.
Common Causes of Wrongful Death
Car accidents are one of the leading causes of wrongful death cases. Whether it's due to distracted driving, speeding, or reckless behavior, the consequences of a car accident can be devastating. If you believe your loved one's death was the result of another driver's negligence, consult an attorney who can investigate the accident, gather evidence, and hold the responsible parties accountable.
Truck accidents are another frequent cause of wrongful death. Due to their size and weight, collisions involving commercial trucks can have catastrophic consequences. Poorly maintained vehicles, driver fatigue, and overloaded cargo are just a few factors that can contribute to these accidents. An attorney experienced in handling truck accident cases can determine liability and pursue compensation for your loved one's wrongful death.
Motorcycle accidents often result in severe injuries and fatalities. Motorcycle riders are more vulnerable on the road and are at a higher risk of accidents caused by other drivers' negligence. If your loved one died in a motorcycle accident, you want an attorney who regularly stands up for the rights of bikers due to motorcycle bias and other common issues.
Pedestrian accidents are a tragic but unfortunately common cause of wrongful death. Negligent drivers who fail to yield the right of way or ignore traffic signals pose a significant risk to pedestrians. If your loved one was fatally injured while walking, an attorney can pursue a wrongful death claim and obtain compensation for your loss.
Drunk driving accidents are entirely preventable and often result in tragic fatalities. If your loved one was killed in a collision with an impaired driver, seek legal representation. A wrongful death attorney can hold the responsible party accountable and seek the justice your family deserves.
Whether it involves car accidents, truck accidents, motorcycle accidents, pedestrian accidents, or drunk driving incidents, retaining the services of an experienced attorney is crucial. They can handle the legal process, gather evidence, and fight for compensation while you focus on grieving and healing.
Who Might You Sue for Wrongful Death?
When filing a wrongful death lawsuit, there are several parties that you may consider suing, depending on the circumstances surrounding the death. Here are some liable parties you might sue in a wrongful death lawsuit.
Responsible Individuals
Most people initially think of taking legal action against a negligent individual, such as:
- Negligent Drivers. In car accidents, motorcycle crashes, or pedestrian fatalities, negligent drivers can be sued for wrongful death.
- Doctors or Healthcare Providers. In cases of medical malpractice where a doctor or healthcare provider's negligence caused the death, they can be held liable.
- Property Owners. When dangerous conditions on their property lead to a fatal accident, such as a slip-and-fall or structural collapse, property owners may be sued for wrongful death.
- Caregivers or Nursing Home Staff. If neglect or abuse leads to a resident's death in a caregiver or nursing home setting, the responsible caregivers or nursing home staff can be held accountable.
- Employers or Supervisors. If unsafe work conditions result in a fatal accident, employers or supervisors may be sued for wrongful death.
- Perpetrators of Violent Crimes. If the death was due to assault, manslaughter, or murder, the perpetrators can be held criminally and civilly liable.
Business or Organizations
Private entities can also be negligent in their duties and lead to fatal injuries, including:
- Hospitals and Medical Facilities. If improper treatment, negligence, or understaffing contributed to a patient's death, hospitals and medical facilities may be held liable.
- Trucking Companies. If a commercial truck driver caused a fatal crash due to negligence, improper training, or violation of regulations, the trucking company may be sued for wrongful death.
- Nursing Homes or Assisted Living Facilities. If neglect, abuse, or inadequate care resulted in a resident's death, nursing homes or assisted living facilities can be held accountable.
- Product Manufacturers. If a defective product, such as a car part, medical device, or pharmaceutical drug, causes a fatality, the manufacturer of the product may be sued for wrongful death.
- Construction Companies. If unsafe worksite conditions or faulty equipment leads to a worker's death, construction companies can be held responsible.
- Bars or Restaurants. If bars or restaurants served alcohol to a visibly intoxicated person who later caused a fatal DUI accident, they may be sued for wrongful death. This rule is known as Dram Shop Liability, whereby the proprietors of the licensed venue are liable.
- Event Organizers or Security Companies. If negligence in crowd control, security, or emergency response leads to death, event organizers or security companies can be held liable.
Government Departments or Entities
When the following cause fatalities due to negligence, the claims can become more complicated, and the timeline can be shorter:
- Law Enforcement Agencies. If excessive force, wrongful arrest, or police misconduct causes a fatality, law enforcement agencies may be sued for wrongful death.
- City, State, or Federal Government. If poor road maintenance, unsafe public buildings, or other governmental negligence contributed to the death, the government entity may be liable.
- Public Transportation Authorities. If a bus, subway, or train accident results in a fatality due to negligence, the public transportation authority can be sued for wrongful death.
- Military or VA Hospitals. If medical malpractice occurred at a military hospital or VA facility, the facility may be held responsible for wrongful death.
Third Parties on Job Sites
Most workplace deaths are covered by workers’ compensation death benefits, but if a third party, such as the following, was negligent, your family might file a wrongful death claim as well:
- Vehicle or Equipment Manufacturers. If a defect in a car, truck, airplane, or machinery leads to an accident resulting in wrongful death, the manufacturer of the vehicle or equipment may be sued.
- Maintenance Companies. If improper servicing of vehicles, elevators, or other equipment leads to a fatal malfunction, the maintenance company may be held accountable for wrongful death.
- Contractors or Subcontractors. If their negligence on a worksite caused a fatal injury, contractors or subcontractors can be sued for wrongful death.
It makes sense to consult a wrongful death attorney to determine the appropriate parties to sue in your specific case. They ensure all potentially liable members are held accountable for their actions, and you will also find peace of mind, knowing you are on the correct pathway to success.
Dealing With Insurance Companies
When filing a wrongful death claim, dealing with insurance companies can be soul-crushing. Insurance companies are focused on protecting their interests and minimizing their financial liability. They have adjusters and lawyers whose job is to settle claims for as little money as possible. They are not compassionate in your difficult time.
Insurance companies may employ various tactics to save money for the defendant, including:
- Denying Or Delaying The Claim. Insurance companies may deny a wrongful death claim outright or delay the processing of the claim to frustrate the claimant.
- Offering Low Settlements. Insurance companies may offer low settlement amounts in hopes that the claimant will accept out of desperation or lack of knowledge of their rights.
- Blaming the Victim. Insurance companies may try to shift blame onto the deceased or claim that the death was partly the fault of the claimant.
- Disputing Liability. Insurance companies may dispute liability and argue that their insured party was not at fault for the death.
- Intimidation Tactics. Insurance companies may use intimidation tactics to discourage claimants from pursuing a wrongful death claim or to pressure them into accepting a low settlement.
Combating the tactics of insurance companies is challenging, not least during the grieving process. Having a wrongful death attorney can level the playing field and ensure that your rights are protected.
Further, many wrongful death cases require litigation. You need a lawyer with experience in court who is ready to pursue a civil lawsuit at any time. Your wrongful death attorney should know how to advocate for the damages you deserve in front of a judge or jury when necessary.
Call a Wrongful Death Lawyer Today
If you are grieving the loss of a loved one due to someone else's negligence, talk to a wrongful death attorney as soon as possible. By calling a wrongful death lawyer, you take the first step toward protecting your rights and holding the responsible party accountable. They will provide an initial review of your case, answer your questions, and give an assessment of the potential legal options available.
What's more, any fears about expensive, upfront fees are unnecessary — most wrongful death attorneys offer a contingency basis, meaning a no-win, no-fee basis.
A Huntsville personal injury lawyer will advocate for your best interests and fight for the compensation your claim warrants. Contact an attorney near you today to schedule a free consultation and begin the process of seeking justice for your loved one.