A wrongful death lawsuit is usually filed by the survivors of the deceased seeking for recompense from the party responsible for the fatal circumstance. But, not just any case involving death can be automatically be labeled as wrongful. There are several prerequisites for filing, some of which are noted here.
Requirements for Filing
As the name of this type of suit infers, there must be a death involved. Furthermore, a person must have died because of another person’s negligence or intent to inflict harm. This essentially defines the case as a wrongful death.
Because the victim is also the deceased, it is up to the real parties of interest to be the ones to pursue justice before the court and on the victim’s behalf. The claimants need not be related by blood to the deceased. While the foremost example would be the surviving family members, other parties, such as those dependent on the deceased for financial support or well-being, can also file for wrongful death. In order for the case to prosper, a personal representative for the estate of the deceased must also be appointed.
Situations Where Wrongful Death Occurs
There are various instances in which wrongful may occur. It could be in a vehicular accident, a workplace accident, medical malpractice, or caused by criminal behavior. A wrongful death case stemming from a criminal behavior is going to be separate from the criminal case altogether.
In the unfortunate event that you need to file for a wrongful death lawsuit, it’s best that you speak to a wrongful death lawyer in Los Angeles to be properly guided on your options.