Losing a loved one is one of the most difficult experiences anyone can go through. It becomes even more challenging when the death is caused by the negligence or wrongful actions of another person or entity. In such cases, the surviving family members may be entitled to file a wrongful death lawsuit. However, not everyone is eligible to file such a lawsuit.
Who Can File a Wrongful Death Lawsuit?
In general, the following individuals are eligible to file a wrongful death lawsuit:
1. Spouse: The surviving spouse of the deceased is usually the first person with the right to file a wrongful death lawsuit. However, this may vary from state to state.
2. Children: If the deceased person had children, they may also have the right to file a wrongful death lawsuit. This includes both biological and adopted children.
3. Parents: If the deceased person was unmarried and had no children, their parents may have the right to file a wrongful death lawsuit.
4. Siblings: In some cases, siblings of the deceased person may also have the right to file a wrongful death lawsuit.
5. Other dependents: If the deceased person had other dependents, such as elderly parents or disabled siblings, they may also have the right to file a wrongful death lawsuit.
Useful Tips for Filing a Wrongful Death Lawsuit
If you are considering filing a wrongful death lawsuit, here are some useful tips to keep in mind:
1. Act quickly: In most states, there is a statute of limitations for filing a wrongful death lawsuit. This means that you only have a certain amount of time to file your claim. It is important to act quickly and consult with an experienced wrongful death attorney as soon as possible.
2. Gather evidence: To build a strong case, you will need to gather as much evidence as possible. This may include police reports, witness statements, medical records, and other documents related to the accident or incident that caused the death.
3. Hire an experienced attorney: Wrongful death cases can be complex and emotionally challenging. It is important to hire an attorney who has experience handling such cases and who can provide you with the guidance and support you need.
San Jose Wrongful Death Lawyers
Losing a loved one is never easy, and pursuing legal action may be the last thing on your mind. If you need help with a wrongful death case, the attorneys at Needham Kepner & Fish LLP are here to help. Contact us today at (408) 716-1668 to schedule a consultation.