The death of a loved one can cause a variety of challenging consequences. Families have to suddenly adjust the household budget to account for a total loss of the income and benefits provided by the deceased individual.
They may need to redistribute household labor, as every family member tends to have their own unique role. They also need to manage their grief and work through shifting dynamics within the family. Those who feel like their lives have become completely different overnight often want justice for what they have experienced.
The law does allow for wrongful death litigation in qualifying circumstances. If people can show that negligence or misconduct is to blame for the death of their loved one, they may be able to file a wrongful death lawsuit. Families hoping to seek financial relief through the civil courts generally need to know the basics about wrongful death lawsuits briefly explained below.
1. Only one party has the authority to file a lawsuit
Wrongful death lawsuits allow surviving dependents an opportunity for closure and financial relief after a tragedy. Multiple people may feel the personal and practical implications of a sudden death. However, only one wrongful death lawsuit is typically possible, regardless of how many people felt the consequences of the tragedy.
The personal representative of the deceased individual’s estate generally has the obligation to initiate the wrongful death lawsuit. If they are successful, they then distribute resources among surviving dependents after withholding appropriate funds based on the estate’s losses and needs.
2. There is a limited window of opportunity
The law requires that plaintiffs pursue wrongful death litigation relatively quickly after a tragedy. Current state statutes only allow survivors two years after the date of a person’s passing to initiate a wrongful death lawsuit. Given the possibility of errors or complications arising, beginning the process well before that deadline is usually the best option available.
Grieving family members may need to communicate with one another and with an attorney to evaluate if they can take legal action. A successful wrongful death lawsuit can diminish the economic harm caused by a tragedy and can provide families with a sense of closure as well.
