Personal Injury Lawyer

Getting the news that a loved one has died in an accident can come as unexpected and shocking. This information can be devastating and you might be left questioning what to do next. If your loved one died in a car accident that was caused by a negligent driver, you might have a wrongful death lawsuit on your hands. If a family member has died because of someone else’s negligence, it can be traumatic for the remaining family.

What Is This Claim?

A wrongful death claim is an option for family members to pursue if the victim has died due to the fault of someone else. These wrongful death claims do not only involve car accidents but can encompass product liability cases or even cases of medical malpractice. Regardless of the type of case, a person or entity can be found at fault for a wrongful death if they are found guilty of acting negligently when the accident occurred.

Who Is Responsible For Suing In a Wrongful Death Case?

There are many options for who can sue in these cases. Below is a list of people who can sue on behalf of the deceased.

• Immediate Family Members. While the law varies from state to state on who can sue, every state allows immediate family members—like spouses and children—to sue. Even parents of unmarried children have this right.
• Parents Of a Deceased Fetus. Although it depends on the state, parents of a deceased fetus can bring a wrongful death suit to receive damages for financial and emotional losses. In these cases, the child must be born alive and then passed away.
• Financial Dependents, Life Partners, Or Putative Spouses. Depending on the state, those who are financially dependent on the deceased, a life partner, or someone who in good faith believed that they were married to the victim can make a claim for damages.
• Distant Family. Again, it depends on the state, but if a sibling or grandparent was raising a
  child who was killed in a wrongful death accident, they might be able to make a claim as well.

Who Can You Sue For Wrongful Death?

If your loved one was involved in a car accident that you believe caused a wrongful death, you can sue the driver who was at fault, the person or company that built the faulty or dangerous roadway, the manufacturer of the dangerous automobile, or the government or agency that failed to place proper signage in dangerous areas of the road.

What Types Of Damages Are Available?

There are usually two types of damages that a survivor can receive in these claims:

• Economic damages. These could be a loss financial earnings by the victim, loss of benefits, or the medical and funeral costs that the survivors have to pay after the death.
• Non-economic damages. These damages could be pain and suffering, loss of love, loss of training, or loss of guidance.

What’s Should I Do Next?

If a loved one has been killed in a wrongful death car accident, a wrongful death lawyer St. Paul, MN relies on can help you find the best way to get damages from this terrible situation to help you and your family recover. For any further questions set up an appointment today.

Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury and wrongful death claims.