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You may be able to seek compensation for a wrongful death

When you lose a loved one suddenly, it can upset your entire family dynamic and affect you financially and emotionally. It's important that you're able to file a claim against the person responsible.

What is a wrongful death lawsuit?

A wrongful death lawsuit is one that you file on behalf of the survivors of a person who died. The idea is that you are seeking compensation for lost wages, lost companionship, and funeral expenses, among other losses.

The wrongful death lawsuit can be filed when a person is killed due to negligence or malicious intent. For example, a drunk driver who hits a child riding a bicycle can be accused of negligence and therefore caused the child's wrongful death. A nursing home attendant who didn't give a diabetic his or her medications could be accused of negligence leading to the patient's untimely death.

The case may be allowed to go to court after a criminal trial, if there is one. This is because the criminal trial could prove that the family deserves compensation. The trial could also remove liability from the defendant if he or she was not found to be negligent.

Who is allowed to sue for a wrongful death?

Typically, it's the direct relatives of the person who passed away who can file a claim. The relative, who could be a parent, surviving spouse, children, brother or sister, or even a grandparent in some cases, may seek compensation for the wrongful death. Typically, it's the representative of the estate who will file the claim on the behalf of the others who would want to be compensated.

When you're ready to move forward with a case, you need all the facts. Our website has more information about how to file your wrongful death claim.

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