Who can file a wrongful death lawsuit?

On Behalf of | Oct 6, 2021 | Personal Injury

In Massachusetts, there are many different types of personal injury claims that can be filed. One of those is a wrongful death lawsuit. Individuals who have tragically lost a loved one due to negligence or a deliberate act of violence have the right to file. However, it’s important to know who can legally file a lawsuit.

What is wrongful death?

Wrongful death occurs when a person suffers a serious personal injury and subsequently dies as a result of negligence, recklessness, or an intentional act of violence committed by another person or entity. The actions that led to the death are the same as those that could cause a personal injury.

When a person files a wrongful death lawsuit, there must be certain elements in place in order for the case to be successful. They include the following:

• A person died
• The person’s death was caused by negligence or an intentional act
• The family members of the deceased person have suffered financially as a result of the death
• A person must be appointed as the personal representative for the estate of the deceased

There are various situations that can lead to a wrongful death claim. Violent crimes, constant exposure to hazardous conditions at work, a car accident can result in personal injury and ultimately, wrongful death.

Who can file a wrongful death lawsuit?

The personal representative of the estate of the deceased individual can file a wrongful death claim on behalf of the surviving family members. The lawsuit can also be filed on behalf of the deceased’s estate.

Other people can file a wrongful death lawsuit in some states. If the deceased person was married, their spouse could file. However, if the person who died was a minor child, a parent or legal guardian can file a wrongful death suit. In the case of a single adult dying as a result of negligence that leads to wrongful death, surviving family members like a sibling, aunt, uncle, or grandparent can file a lawsuit.

Losing a loved one is hard enough, but it can be even worse when you lose someone to wrongful death. If you are in this tragic situation, you have a right to file a wrongful death lawsuit.


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