The loss of someone dear to you from something that could have been avoided, such as a car wreck or a workplace accident, can be especially hard to work through. This is especially true if it put you under financial duress, whether from medical bills, final arrangements, or lack of income. In some cases, a wrongful death lawsuit is the correct action to take to help lift some of this stress while also gaining closure on your loss. The following can help you determine if this is the right avenue for you.

What is your relation with deceased?

Not everyone with connections to the deceased can file a wrongful death lawsuit, so the first order of business is to determine whether you are eligible. While specific laws can vary from state to state, only close family members, representatives of dependents, or the representative of the estate have the ability to pursue a lawsuit. Close family members include spouses, adult children, and domestic partners. Parents or other close family members may also be allowed to pursue the case, particularly if the deceased was a dependent of said family member or if the family member shared a household with the deceased.

Are you within the statute of limitations?

There is a limit on how long after the wrongful death you have to file a lawsuit in court. This timeframe varies depending on a variety of factors, including the state in which the accident occurred, as well as the cause of the accident that led to the death. For example, there may be one statute of limitations for a car accident death, which may begin when the death occurred. On the other hand, for a death caused by medical malpractice, the statute of limitations countdown may begin at the time of first contact with the medical practitioner. Consulting with an attorney can ensure you are filing within the correct timeframe for your specific case.

Is there actually a negligent party?

Don't overlook the fact that there has to be someone that is negligent in order to have a viable case. If your loved one died in a car accident, you can't simply sue the other driver if they weren't found at fault for the accident. Part of determining whether to file for wrongful death requires narrowing down to the specific at-fault party. As another example, if you loved one died at work due to faulty equipment, you may have to determine whether the employer was at fault or the equipment manufacturer. These are questions that a wrongful death attorney can help you to answer.

Contact a firm for a consultation today.