What Are Wrongful Death Claims? Who Can Sue For It After The Death Of The Victim?On July 16, 2022 by Samson
In case of death during an accident that might be someone else’s fault, the accident survivors can file a claim against the at-fault party for wrongful death. A wrongful death lawsuit can seek compensation for the injuries, damages, and all the other losses sustained in the accident—for example, loss of income, emotional distress, inability to work, etc.
While there are various aspects to consider before filing a claim, you must find an experienced personal injury lawyer in Ohio as soon as possible so they can guide you through your case. Your personal injury lawyer will also explain your rights and how you can claim your compensation.
Nevertheless, you must also learn the essential details of a wrongful death claim to know the vital steps you must take to strengthen your claim.
What are wrongful death claims?
When there is a loss of life because of someone’s legal fault, it is usually considered a wrongful death, and the survivors who file a lawsuit against the injustice is known as wrongful death claim.
However, this right of US citizens to file a claim against a wrongful death has been introduced recently. The earlier ‘Common Law’ did not have the rule to file this type of claim. But, almost all states now possess this law and allow a lawsuit against wrongful death.
Whether a fatal car accident, medical malpractice, or pedestrian accident, all of the accidents leading to loss of life come under wrongful deaths. The legal liability of this lawsuit can vary from person to company to governmental organization. Even the slightest negligence that results in death is liable for a penalty.
Who can sue for a wrongful death claim?
The primary criteria for a wrongful death claim are that a person affected by the victim’s death can file a lawsuit against the at-fault party. While the list of survivors eligible for a claim can differ from state to state, here are some common examples.
- Close family members: All states allow immediate family members like children, parents, or spouses, including adopted children and the kids of unmarried parents.
- Ex partners or financial dependents: Some states also allow divorced and financially dependent people to claim for the losses and damages done in the victim’s wrongful death.