Wrongful Death Lawsuits Are Also About You

Most clients of a wrongful death lawsuit attorney start their consultation with the idea that a wrongful death case is about the person who died, how special and supportive that person had been. They expect that the loss and value of the case must be determined by the value of such a special person who suffered a tragic death.

If you also thought this then you are only partly correct.Your legal claim for wrongful death is also about your loss, the loss your family members feel, the loss the survivors feel.

A wrongful death lawsuit is much more than a case about the dollar value of the person who died, it is also about you and your relationship with the person who died. What that person meant to you, and how much you are affected by their death both emotionally and financially.

Typically, the law assigns different money compensation rights to different survivors depending on relationships the survivors had with the deceased, and these rights may change depending upon the mix of survivors. Your legal rights may change depending upon your legal status.

Your Legal Rights To Compensation May Vary Depending Upon Your Family Status

If you are a husband, wife, or a parent of the deceased, each family status relationship may have different legal rights. I also add, that your legal rights may shift and change depending upon who else has possible claims and what their status is.

This means that when you call our wrongful death law firm you will be asked not only what your relationship was to the deceased, but about the existence of other surviving relatives.

Even With Several Claiming Survivors, Usually Only One Lawsuit is Permitted

Most States typically do not want or won’t permit a separate lawsuit to be filed and decided by a different jury for each relative.

Imagine if a wife died in a car accident and was survived by a husband, two children from a prior marriage, one adult child from a previous marriage, and yet another survivor was the father of the woman who tragically passed away.

Would the Civil justice system want to have five different juries decide the case? One for each survivor? What if one jury decided that the accident was not the fault of the other driver, and a second one decided that it was their fault?

This problem of multiple claimants and the possibility of inconsistent jury decisions about who is negligent and responsible for the death is solved by having all possible claimants grouped together, and the claims of each are typically placed into the Estate of the dead accident victim.

Most US States have specific Wrongful Death Acts, and these acts normally require that an Estate be opened, and a personal representative or executor be appointed. It is not necessary for the deceased to have had a last will and testament. All the States have ways to go about opening an Estate without a last will and testament.