When a person dies as a result of the legal fault of another person, this claim is called “Wrongful Death.” Wrongful Death is a fairly new concept which now exists in every state in the U.S.A. Until the last century, however, the concept of Wrongful Death was forbidden by the “Common Laws” that were brought out of England at the founding of this country.
Wrongful Death encompasses all types of accidents: from car accidents, to medical malpractice, to product liability cases. Whether it’s a person, or a private or public organization, these entities can be held legally responsible for negligence, (failing to act reasonably or rationally.) Wrongful Death claims may be filed due to both intentional and unintentional death by persons or organizations. A person who dies as a result of a blow to the head by another individual is an example of an intentional death; and a person who dies in an automobile accident would be an example of an unintentional one. Both may be filed under a Wrongful Death claim. Since Wrongful Death claims are under the jurisdiction of Statute laws, the enactment varies from state to state.
Eligibility to Sue
In most cases, it is the executor of the person’s estate who files the Wrongful Death claim, and they are referred to as “the real parties in interest.” Immediate family members, such as: spouses and children, or even children of unmarried parents and adopted children can all file a Wrongful Death claim.
Any number of individuals or organizations may incur the Wrongful Death claim as a result of careless mishap.
Ask The Genius!
Legal Genius services clients and handles Wrongful Death claims throughout the state of Michigan, and across the country. Ohio, Mississippi, Georgia, Indiana, Alabama and Illinois are several of the other states to which our firm has extended itself. Legal Genius can also assist internationally in countries: in Ontario and Toronto. If you need any help with a Wrongful Death claim, please fill out our contact form, and one of our Geniuses will respond to you shortly.