Surviving Family Members and Wrongful Death Claims: Who Can Pursue Legal Action?
Losing a loved one is a terrible event; the suffering is heightened by a sense of injustice when that loss results from someone else’s carelessness or wrongful deed. Under these circumstances, a wrongful death lawsuit might be a tool for the surviving family members seeking financial recompense, justice, and responsibility.
Still, negotiating the legal terrain of wrongful death lawsuits can be difficult and emotionally taxing. With the help of Dolan Dobrinsky Rosenblum Bluestein, this article seeks to demystify the procedure and clarify who is qualified to file a wrongful death claim and what damages are recoverable.
Emotional Impact of Wrongful Death
For surviving family members, the emotional toll of wrongful death is great and long-lasting. Though the immediate feelings are grief and sorrow, the suffering usually worsens with time. Many struggle to process the unexpected death of a loved one and go through strong emotions of sadness, anger, and helplessness. Severe psychological consequences could cause disorders including despair, anxiety, and even post-traumatic stress disorder (PTSD).
Since everyone in the family deals with their loss differently, these feelings can create sour ties. Parents, kids, and couples can feel alone in their suffering, which would lead to detachment at a time when togetherness is most required. To start the healing process, one must admit and deal with the immense emotional toll that unjust death takes.
Financial Impact of Wrongful Death
Like the emotional toll, the financial cost of wrongful death can be quite devastating. The initial expenses— funeral and burial costs—can be significant when a loved one dies suddenly. Families who rely on the departed as the major provider suffer greatly economically from lost income, which makes it difficult to keep the house, pay bills, or fund children’s school costs.
Apart from the income loss, medical bills and other expenditures connected to the incident triggering the wrongful death abound. These financial obligations can aggravate the stress and sadness of surviving relatives, making it difficult to concentrate on recovery. The abrupt change in financial security might compel families to make tough future decisions, therefore adding to the complexity of their loss.
Family members who can file a lawsuit
Some US jurisdictions have legislation defining which surviving family members are entitled to launch a wrongful death case. These comprise:
- The spouse that survived: Legal marriage of the deceased at the moment of death entitles the person married to sue.
- Offspring: Regardless of age, this includes lawfully adopted as well as biological offspring of the deceased.
- Parental: Should their kid die, both biological and adoptive parents have legal options.
These family members have the right to pursue justice on behalf of the departed. Conversely, under state rules on wrongful death, siblings—biologically as well as adopted—do not have this privilege. The court will reject whatever efforts they try to launch a lawsuit.
Seeking justice with legal help
Every case involving a wrongful death is different and has particular difficulties. For example, one should make sure the lawsuit is qualified before bringing it to the court. As said, the case can be filed by only qualified family members within two years following the incident. Furthermore, there has to be unmistakable proof that the fatality resulted from another’s carelessness or misbehavior. Should the facts point to the deceased being accountable for their own death, the case will not be valid.
Conclusion
A legal counsel is aware of the significant effect a wrongful death might have on your life. Their seasoned and sympathetic legal staff will help you. They offer customized advice that fits your particular circumstances. From compiling vital proof to negotiating with insurance providers and defending you in court, they are dedicated to obtaining the justice and pay you are due.
References:
2. https://www.dobbsporterlaw.com/blog/2024/04/surviving-family-members-who-can-pursue-a-wrongful-death-lawsuit/3. https://www.simeonemiller.com/blog/the-impact-of-wrongful-death-on-surviving-family-members/
