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What Is a Wrongful Death Lawsuit?

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What Is a Wrongful Death Lawsuit?

A wrongful death suit is a lawsuit brought by a family member of the deceased victim against the person who caused the death, or those responsible for the person who caused the death (such as employers or insurers).

Can I Bring a Wrongful Death Lawsuit for a Fatal Car Accident?

You can bring a wrongful death lawsuit in connection with a fatal car accident. Generally, however, these lawsuits can only be brought by immediate family members of the victim. Some states allow extended family members to bring suit as well.

What Are the Requirements for a Wrongful Death Suit?

To succeed in a wrongful death suit arising from a car accident:

  • The accident must have been caused by someone other than the deceased victim
  • The accident must have been the result of negligent, reckless or intentionally bad driving on the part of the at-fault driver (not the victim). This includes drunk driving
  • The suit must be brought before the statute of limitations has run
  • The at-fault party must be adequately insured

What If the Other Driver Was Uninsured or Under-insured?

 If the at-fault party was not insured at all, it will be nearly impossible to secure compensation for the victim's family unless the at-fault party has significant assets. While car insurance is the most common and best source for victim's compensation, it may also be possible for the victim's family to recover money from business insurance or homeowners' policies.

Do I Need a Lawyer to Bring a Wrongful Death Lawsuit?

If your loved one died due to another person's bad driving, you should speak to a personal injury lawyer immediately to learn more about preserving your rights and remedies. A lawyer can explain the value of your case and help you navigate the complicated legal process.

Photo of page author Peter Clarke

, LegalMatch Content Manager

Last Modified: 11-24-2015 08:00 PM PST

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