Who Has The Right To Initiate A Wrongful Death Lawsuit?

Although, in a close-knit family both the closest and the more distant relatives would mourn the death of a loved one, only immediate family members would have the right to initiate a wrongful death lawsuit.

Who would hold the status of immediate family member?

• The surviving spouse, the one that had been married to the decedent at the time of the fatal accident
• The son or daughter of a deceased parent
• The parent of a child, or the older parent of a young adult

The times when someone other than a family member has the right to initiate a wrongful death lawsuit

That would be anytime that the person that had been legally responsible for handling the estate of the deceased might have chosen to step forward and sue the responsible party. That same person would be allowed to initiate the lawsuit, because he or she would later have the job of dividing up the deceased’s possessions, and then giving a designated part to each of the various family members.

The right to initiate a lawsuit does not guarantee the ability to win the case against the sued defendant.

All lawsuits must be on file at the appropriate courthouse, by the deadline, as designated in the state’s statute of limitations. Failure to meet that deadline would bring an end to any hopes for suing the person that was allegedly responsible for the premature passing of a loved one.

That fact helps to explain the rule that allows the legal representative for the deceased to sue the responsible party, as per personal injury lawyer in Bedford. That same representative has a better understanding of all the paperwork that needs to be completed, in order to file any of the various lawsuits.

If the legal system had stipulated that only the immediate family members could file a lawsuit, then any member of that group might fail to complete the pre-lawsuit process in time. That failed action could result in forced abandonment of any plans to sue.

The chances for realization of that unwanted situation have been decreased by inclusion of a specific provision. That provision has given a green light to any legal representative to has chosen to initiate the process for suing the allegedly responsible party. Still, delayed action could lead to a red light’s appearance.

Moreover, if the defendant were able to prove that he or she had not been negligent, then the family members would not have a winning case. By the same token, if the family’s chosen lawyer could not show that the defendant had created the proximate cause for the fatal accident, then the result would be other than what the family members had hoped to see come to realization.

More to explorer

Why It Pays To Settle Out-of-Court

Some claimants refuse to accept an offer that has been made by an insurance company, during an attempt at reaching a negotiated