While you’ve never thought about it in the past, you’re now faced with this unpleasant scenario. Your grandparent was killed as a result of someone else’s negligence. You want to seek justice but you’re not sure how to do so. Here’s a look at what some of your options are if you plan on suing for a grandparent’s wrongful death.
Understanding a Wrongful Death Claim
Formally, a wrongful death claim is defined as a specialized lawsuit that is brought against a defendant whose negligence or intentional act resulted in the death of someone. These types of claims allow the deceased person’s estate or those people closed to them to file a lawsuit against the party that is legally liable. Wrongful death laws do vary by state, so understanding the laws in your state is a must.
Is Your Wrongful Death Claim Applicable?
In order for a wrongful death claim to be applicable by law, one main circumstance has to be met. The victim of a specific situation must have been able to file a valid personal injury claim if the situation didn’t result in their death. A personal injury lawyer can help you to determine if your wrongful death claim is applicable in a court of law.
Who Can File the Claim?
In most cases, the wrongful death claim is filed by an attorney that is a representative of the deceased victim’s estate. This is done on behalf of their survivors who they had a viable relationship with when they were living. When it comes to having a grandparent that was killed, the laws vary by state. Some will support the claim of the grandchild as long as they were financially dependent on the grandparent. Just note, that it’s much harder to get a claim approved the further the distance the family tree goes out.
Proving Your Case
For the defendant to be held liable for their actions, you must meet the same burden of proof that your grandparent would have had to meet if they lived through the scenario. In most cases, this is showing that the defendant owed your grandparent a duty of care that they breached. It’s best to speak with a lawyer about how to successfully prove your case.
Suing for the wrongful death of a grandparent isn’t as straightforward as suing for the wrongful death or a spouse, child, or parent. Rather, there are state limitations on who can legally sue the offending party. Hopefully, the above information has given you some more insight into this matter.
Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty. You can connect with Anica here.
