Who Is Eligible to File a Wrongful Death Claim?

Call (800) 863-5312 to Speak with a Wrongful Death Attorney for Free

Dealing with the loss of a loved one can be extremely difficult. If you want to pursue legal action and present a wrongful death claim, you will need to understand the intricacies of wrongful death statutes in your area.

If a loved one has recently passed away and you are looking to file a wrongful death claim, call Zinda Law Group at (800) 863-5312 for a free case evaluation with a nationwide wrongful death lawyer.

Who Can File a Wrongful Death Claim?

Wrongful death claims are filed against an opposing party whose misconduct or negligence has resulted in the death of the claimant’s loved one. These types of claims may allow the estate of the deceased to file a lawsuit against the liable party.

When Can I File a Wrongful Death Claim?

The components of a wrongful death claim may be very similar to those of a personal injury claim. The one difference is that U.S. states have their own wrongful death laws that specifically dictate who can file and receive compensation for wrongful death cases.

Wrongful death claims are typically filed after a thorough investigation of the incident that led to the death. The following causes of death commonly lead to wrongful death claims.

Death from Medical Malpractice

Medical malpractice is a potential basis for a wrongful death claim. Regardless of your loved one’s state of health prior to the medical malpractice incident, if they perished due to the negligence or misconduct of the medical personnel who treated them, or defective medical products used during treatment, you may be eligible to file a wrongful death claim against the medical practitioner or medical supply company, respectively.

Fatalities Due to Negligence

In some wrongful death cases, the opposing party is an employer or other organization who may have failed to protect against certain dangers that led to someone’s death. For example, if a real estate management company failed to maintain a building they owned in a way that violates the code of the municipality in which lies, and that negligence leads to a hazardous condition that causes at least one death, that property management company may be liable for wrongful death.

What Must Be Proven in a Wrongful Death Claim?

When crafting a wrongful death claim, it is important to conduct an investigation into the negligence or misconduct of the allegedly at-fault party. If a claimant is able to adequately demonstrate via video, photographs, or other recorded evidence, that the opposing party failed to prevent conditions that led to someone’s death, that may lead to a wrongful death settlement.

Get Help from Empathetic Nationwide Wrongful Death Attorneys

At Zinda Law Group, our nationwide wrongful death lawyers understand the complexities of wrongful death law. We have the knowledge and resources necessary to help you build the strongest case possible and pursue the compensation and justice that you and your family deserve.

We also believe that grieving families should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you will pay nothing unless we win your case. That is our No Fee Guarantee.

If you have lost a loved one in an accident, call Zinda Law Group at (800) 863-5312 for your free consultation with one of our experienced wrongful death attorneys.

Meetings with lawyers by appointment only.

Recommended Reading:

How Is a Wrongful Death Settlement Divided Among Family Members?

How Is Loss of Companionship Valued in Wrongful Death Cases?

Insurance Benefits and Coverage Available in Wrongful Death Cases