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Who Can File a Wrongful Death Lawsuit

On Behalf of | Oct 2, 2023 | Wrongful Death

Losing a loved one is one of the most painful experiences anyone can go through. This pain can be even worse if your loved one lost their life due to someone else’s negligence. If that’s the case, you may be entitled to file a wrongful death lawsuit. But who has the right to file such a lawsuit? What are the criteria for eligibility, and how can you ensure that you’re doing everything right?

Who Can File a Wrongful Death Lawsuit?

The answer to this question varies from state to state. In most states, the deceased’s spouses and children are prioritized. If there is no spouse or children, parents, siblings, or other close relatives may be able to file. However, many states have specific rules about who can file and when they can file. It’s essential to check your state’s statutes to see who can file a wrongful death lawsuit.

What Are the Criteria for Eligibility?

In addition to determining who can file the lawsuit, other criteria must be met to qualify for a wrongful death lawsuit. For example, it must be proven that another’s negligence or intentional actions caused the person’s death. The plaintiff must also prove that damages have been suffered due to the death, such as loss of income, medical expenses, and funeral costs.

How Can You Ensure That You’re Doing Everything Right?

Wrongful death lawsuits can be complicated and emotional, so having a good attorney by your side is essential. An experienced lawyer can help you understand the laws in your state and guide you through the process of filing a lawsuit. They can also help you collect evidence and negotiate with the defendant’s attorneys.

What Damages Can Be Awarded in a Wrongful Death Lawsuit?

The damages awarded vary depending on the case, but they typically include compensation for medical expenses, funeral costs, lost wages, and pain and suffering. The plaintiff may also be entitled to compensation for loss of companionship and other non-economic damages. In some cases, punitive damages may be awarded to punish the defendant for negligence or intentional actions.

Macon Wrongful Death Attorneys

At Adams Law Firm, we specialize in wrongful death cases and are committed to fighting for the rights of our clients in Macon, GA. Contact us today at 478-772-3939 for a free consultation to discuss your case and learn how we can assist you.