Who Can Sue for Wrongful Death?

A wrongful death is a tragedy that is difficult for the friends and family of the deceased to endure. In addition to the unexpected loss of someone they love, the survivors have to contend with the fact that the death could have been avoided. That is because a wrongful death is classified as a death that is caused by the negligence of someone else. In other words, if the person responsible for the death had behaved more responsibly, then no one would have to mourn the loss of the deceased.

In cases of wrongful death, the survivors of the deceased have the right to file a wrongful death suit against the responsible party. However, which of those survivors can sue is a matter that can differ from state to state. If you need help with a wrongful death case, then you should contact a personal injury attorney because they are well-versed in those kinds of cases. That is because a wrongful death is a personal injury case that leads to the death of the victim rather than just an injury. A law office in St. Louis can be of vital help for anyone in that state who needs to make a wrongful death case.

The People Who Can Sue For Wrongful Death

There are some commonalities across state lines when it comes to who can sue on behalf of the decedent (the person who died) but there are some differences as well. In St Louis the following people are able to sue for wrongful death:

1. The spouse, parents, or children of the decedent.

2. If no one from the above category exists or is able to sue, then the siblings of the decedent can file a wrongful death lawsuit.

3. If the decedent does not have anyone in the previous two categories, then the legal heirs of the deceased can appoint someone called a plaintiff ad litem to file the wrongful death suit.

As long as there are people in any of the above categories, a lawsuit can be brought against the party responsible for the victim's death.

The Damages in a Wrongful Death Suit

Once it has determined who is able to file a wrongful death lawsuit, the question then becomes, what damages do they file the lawsuit for? The answer is that the goal of a wrongful death lawsuit is to get compensation for the victim and those close to them. That is why a wrongful death lawsuit can include the following:

• Medical bills accrued by the deceased before they died

• The pain and suffering the victim experienced before they died

• Wages the victim would have received had they not died

• Funeral Expenses

• The emotional and financial losses suffered by the survivors of the decedent. This can include the loss of consortium, loss of companionship, loss of support, and more.

Proving Wrongful Death

A wrongful death case has many of the same elements as a personal injury case, the main difference is that the accident ended in the victim's death rather than just their injury. So, in order to prove a wrongful death case, it must have the following elements:

1. The defendant owed the deceased a duty of care. That means the defendant should have been acting in a reasonable manner when the accident occurred. For example, a driver should follow the rules of the road for the sake of the safety of other drivers and pedestrians.

2. The defendant breached the duty of care.That means that they acted in a reckless and negligent manner. An example would be a driver running a stop sign instead of following the rules.

3. The breach of duty led to an accident that caused the death of the victim.

4. The death of the victim caused significant losses to their surviving family members. Those losses include the damages mentioned in the previous paragraph.

If all of those elements were a factor in a person's death, then their surviving family members can file a wrongful death lawsuit.

Contact an Attorney Before Filing a Wrongful Death Lawsuit

A wrongful death lawsuit will not ease the pain caused by the death of a loved one, but it can ease the financial burden of their surviving family members. An experienced personal injury attorney will give you the best chance of receiving the compensation that you need to take care of the expenses caused by the wrongful death of a loved one.