A Simplified Guide to Suing a Wrongful Death Lawsuit

A wrongful death claim is made when an individual dies due to the legal fault of another. The laws introduced in the United States from England, also known as the ‘Common Law’, did not include the right to file a lawsuit against wrongful death, but over the past century, federal and state courts have incorporated wrongful death claims into the legal framework. All states, including Oklahoma and the 49 rest now have wrongful death laws.

Wrongful death attorneys deal with fatal car accidents, medical malpractice, and product liability cases among others. Individuals, organizations and even the government can be held responsible for acting negligently or intentionally that resulted in the death of a human being.

Who Can Sue for Wrongful Death?

Family Members

Immediate family members (spouses, children - adopted and biological, parents of unmarried children) are eligible to claim a wrongful death lawsuit.

There are some states which also allow more distant relatives (siblings and grandparents) to file the lawsuit.

Life Partners and Putative Spouses

Domestic or life partners along with putative spouses are also considered eligible by most states to have the right to recovery. A putative spouse is an individual who has a good faith belief that they were married to the deceased.

Financial Dependents

Anyone financially dependent on the decedent can exercise the right to recovery in the event of a wrongful death. Some states also allow people unrelated by blood or marriage to sue if the death brings them loss of care and support.

Parents of an Unborn Child

Some states also allow wrongful death lawsuits in the case a fetus died before being born. Others only consider wrongful death action if the child was born alive and then met an untimely end.

How to File a Wrongful Death Claim?

Step 1 - Get in Touch with a Wrongful Death Attorney

The first thing step to undertake is to get in touch with a wrongful death attorney. An attorney who has the experience will be able to guide you through the below steps. They can ensure that you have the best shot at recovering your rightful compensation.

Step 2 - Open a Probate Estate

The deceased’s probate estate needs to be opened, for their estate to be able to act on behave of them.

Step 3 - Evaluate Your Eligibility to File the Claim

Like we talked about above, all immediate family are capable of filing a wrongful death claim, but what about distant family and others. Every state has different guidelines. Discuss with your wrongful death attorney and find out if your state deems you eligible.

Step 4 - Contact the Insurance Company

The person at fault will have some insurance to cover for potential incidents. Contact the insurer and negotiate with them until you have reached a favorable amount.

Step 5 - Take the Case to the Courtroom

A lot of wrongful death recoveries are resolved without going to trial, but there are always some outliers where you will be required to take the case to the courts to seek the complete recovery amount. A court trial complicates things immensely. We recommend you hire a wrongful death attorney to protect your interests.

We Don’t Charge a Penny Until We Have Recovered Your Compensation

Our wrongful death attorneys have the expertise of years that will help you hold the party at fault accountable for their misdeeds. The West Law Firm offers free consultations to clients in need. Visit the website for our contact details.

** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.