Not just anyone can file a wrongful death lawsuit. Depending on your state’s laws, often surviving family members or the executor of the decedent’s estate can sue an at-fault party.
The purpose of a wrongful death lawsuit is to seek compensation for the losses suffered by the family due to their loved one’s death. A wrongful death lawyer in Indianapolis will review your case and explain who can file a claim under your state laws.
Surviving Family Members Could File a Wrongful Death Claim
Typically, immediate family members, such as spouses, children, and parents, are the primary individuals eligible to pursue wrongful death claims. These individuals often have the closest relationships with the deceased, making them the most directly affected by the loss.
However, the specifics can vary significantly based on state laws, which outline who is entitled to sue for a deceased family member. In many jurisdictions, if the deceased has no surviving immediate family, other relatives, such as siblings or grandparents, may also be eligible to pursue a claim.
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The Representative of the Victim’s Estate Could Take Legal Action
In many states, only the representative of a victim’s estate (often referred to as the executor or personal representative) can take legal action by filing a wrongful death lawsuit on behalf of the deceased’s beneficiaries.
For example, in Indiana, Indiana Code Title 34. Civil Law and Procedure § 34-23-1-1 states that only the executor of the decedent’s estate can file a wrongful death lawsuit. This legal framework is designed to streamline the process and ensure that the claims are handled by someone who has the authority to act on behalf of the estate.
The role of the estate representative is typically assigned by the decedent’s will, which outlines who should manage the deceased’s affairs after their passing. If no will exists or if the executor cannot serve, the court will appoint an individual to serve in this capacity, often prioritizing close family members.
Who Gets the Wrongful Death Benefits?
When compensation is awarded from a wrongful death lawsuit, it is distributed to the rightful beneficiaries, such as surviving family members, according to state laws. These laws dictate how damages are allocated, and they can vary significantly from one jurisdiction to another.
Can I File a Wrongful Death Lawsuit?
You could sue if a family member dies due to someone else’s negligence or wrongful actions. Whether or not you qualify to take legal action depends on your state laws. However, even if your state only allows the representative of the deceased victim’s estate to file a claim, the compensation is aimed at surviving family members.
An experienced wrongful death lawyer can review the circumstances of the fatal accident, state statutes, and any existing wills or estate documents to determine the rightful claimant(s). Additionally, the attorney ensures that the claim is filed within the applicable statute of limitations and that all legal requirements are met to strengthen the case.
Do I Have a Valid Wrongful Death Case?
A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. This legal term is used to describe circumstances where the deceased would have been able to file a personal injury lawsuit had they survived.
Wrongful death lawsuits can arise from various situations, including car accidents, medical malpractice, workplace incidents, defective products, and criminal acts. The key elements of a wrongful death case typically include establishing that the responsible party had a duty of care, breached that duty, and that this breach directly caused the death of the individual.
You Have a Limited Time to File a Wrongful Death Lawsuit
The statute of limitations determines how much time you have to take legal action against the at-fault party. Each state has its own deadline, typically ranging from one to three years from the date of the victim’s death. This timeframe can vary depending on the state and the circumstances surrounding the case, so it’s important to understand your specific legal context.
Failing to file within this period can result in losing your right to pursue compensation for your loss. To ensure you meet all necessary deadlines, consulting with a wrongful death attorney early on can be incredibly beneficial.
An attorney can guide you through the legal process, help gather the necessary evidence, and ensure that your claim is filed in a timely manner. Knowing that the claim is in the hands of a professional allows you to focus on healing and honoring your loved one.
A Wrongful Death Lawyer Can Help You File a Claim
The untimely death of a loved one can be a traumatic experience. As wrongful death attorneys, we understand the devastation that follows losing a family member in a fatal accident. Vaughan & Vaughan offers compassionate legal support for families. Call today to schedule a free case evaluation and discuss your options.
We have been helping injured victims and their families rebuild their lives after a tragic event since 1913. You can trust our team to handle the legal details of your case. Take the time you need to heal and spend time with loved ones. Our lawyers will help you get the compensation you need to feel financially secure.
