Wrongful death occurs when a person dies due to someone’s negligent or intentional action. Of course, it is not possible for the deceased person to file a lawsuit for damages and injury. Therefore, another person must bring the legal action to court, and then it will take the form of a wrongful death lawsuit. An Atlanta personal injury law firm can help you seek monetary charges, known as a civil remedy, from the company or person involved in the cause of the decedent’s death.
Who can file for a wrongful death?
We basically know the decedent person cannot file a lawsuit, there the question arises,” Who will file the wrongful death lawsuit?” It basically depends upon which state you are living in. Every state has its own rules and legal procedures for controlling wrongful death claims. The common that is followed for determining the wrongful death are mentioned below.
- Every state allows wrongful death claims that can be filed immediately by the decedent’s family members.
- In general, if the decedent was married, the surviving spouse handles the lawsuit
- If the decedent is a young child, the parent usually brings the case.
- If the decedent were an adult, some states would allow an adult child to file a wrongful death claim.
- If the decedent was a single adult, A more distant family member like siblings, uncles, aunts, or grandparents could file the lawsuit in some states.
Often, a dispute arises between family members over who will file the wrongful death claim. But the court will typically allow only one member to file a lawsuit.
What would happen if the decedent had a will?
If the decedent had a will, the court would determine who has the right to file a wrongful death lawsuit. The court will appoint a personal executor or a representative to administer the estate if the person dies with a will. The personal executor or representative appointed by the court has the sole right to bring the wrongful death lawsuit on behalf of the decedent.
When should the wrongful death lawsuit be filed?
Every state has the law known as the statute of limitations, in which it has a set of time limits to file a wrongful death lawsuit.
The length of the time period may vary, but no state has a statute of limitations deadline of less than one year, and the time usually starts from the day of the decedent’s death. An exception situation may occur if a government or a government employee played a role in the decedent’s death. In such a case, you may have to file a “notice of claim” with the government within 90 days.
