Making Changes To Your Life

You May Be Able To File A Wrongful Death Suit

by Kristin Hawkins

If you have had a loved one who died because of a crime, one of the things that can happen is that the police will arrest the person responsible, and they will hopefully go to trial. At that point, they may be found guilty, or they may be found not guilty. But that's not the only thing that can happen. You can also file a wrongful death lawsuit against the person responsible for your loved one's death. 

Wrongful Death Lawsuit

A wrongful death suit is brought against the person who is liable for the death of your loved one for whatever reason. Those reasons can include things like crimes, car accidents, and medical malpractice. These cases are brought through the civil court and are mostly unrelated to any criminal proceedings. In fact, you can bring one of these suits against the liable person, whether they are guilty or not guilty, because the burdens of proof are different in a civil court than they are in a criminal court. An example of this is the OJ Simpson case. He was found not guilty in his murder case, but the victims' families brought a wrongful death suit against them and won their case. 


To bring a wrongful death suit, you have to have the proper standing. The standing of someone to bring a case describes what people have the right to bring any kind of lawsuit. In a wrongful death case, the only people who can bring a case are the deceased's, close family. In some states, a person who derives the majority of their financial support from the deceased may also have the standing to bring a case, such as a business partner. The close family here means spouse, children, parents in the case of a minor or representing minors, or legal guardian of minor children. If you are unsure as to whether or not you have the standing to bring a lawsuit in a wrongful death lawsuit, then you should find an attorney who handles these cases and talk to them about your case. If you have the standing, the attorney can help you start the case. 

If your loved one has died because of someone else's actions, you may be able to bring a wrongful death suit against them. A wrongful death attorney can help you figure out what is going on with your case and what you need to do.