When people die in an accident, it is the role of the living to file a wrongful death suit. Although this process might not be easy, an attorney can help you get fair compensation. This article explores the eligible parties for filing these lawsuits.
Immediate Family Members
In the aftermath of a tragic car accident, immediate family members hold a significant position in terms of eligibility for filing a wrongful death claim. Typically, these include the deceased’s spouse, children, and parents. The legal rationale behind prioritizing immediate family members is rooted in the emotional and financial dependencies that exist within these relationships. Spouses often share a deep emotional bond, and children and parents might rely on the deceased for financial support or care.
If your loved one has died in a road accident, you deserve the right to closure and compensation for the losses incurred. Getting compensation from the responsible parties might not be an easy process. For instance, you will need to prove that your loved one was not at fault. In such a case, it’s advisable to file a wrongful death claim after a car accident. You will get a lawyer to help you gather evidence and bargain for a fair compensation from the liable party.
Life Partners and Domestic Partners
In most cases, life partners are the most affected by the death of their partner. They undergo emotional and financial distress especially when children are involved. A perfect scenario is where the breadwinner has passed away, and the living partner has children to cater for. In such a case, the partner might be forced to look for a job to cater to the family.
Hence, it is important for partners to seek help in getting fair compensation. These individuals should show the extent to which the survivor was dependent on the deceased. Such details mirror the criteria applied to immediate family members.
When a person passes away through an accident, the financial dependents are left stranded. Therefore, these individuals deserve compensation to cater to their lives before they seek an alternative means of income. The scenario gets worse when minors are involved because they can’t provide for themselves.
When dealing with a wrongful death lawsuit, people can lie to have been financial dependents of the deceased. Therefore, the law is very strict about who gets or does not get the compensation. If you believe to have been one of the dependents, you will need financial records to prove your case. For instance, you can give your lawyer financial documents showing that the deceased was obligated to send you money. Common dependents include stepchildren, step-siblings, or non-relatives who relied on the deceased for financial support.
In certain situations, distant relatives might be eligible to file a wrongful death claim. However, eligibility can vary significantly based on jurisdiction and specific circumstances. Courts may consider the level of dependency, emotional ties, and financial connections between the distant relative and the deceased. If these people don’t provide such a connection, asserting eligibility in these cases might be a challenge. The case of distant relatives can be challenging to address because some people might just want to benefit from the deceased.
Representatives of the Estate
In some cases, the deceased might not have a living family member. In such a case, a representative of the person’s estate can file a wrongful death lawsuit. The benefits of these proceedings are incorporated into the individual’s estate. For instance, it can be used to run companies and compensate employees. However, the representative must prove that the deceased appointed them to manage the estates.
It is crucial to recognize that eligibility for a wrongful death claim is not solely based on blood relationships. The most important thing is for the party to prove their relationship with the deceased.