If a relative dies due to someone else’s negligent or wrongful act, their survivors may be able to file a wrongful death claim. These lawsuits aim to seek compensation for the losses caused by a person’s death. However, when that death is caused by another person’s negligence, who is allowed to file a claim? This guide will attempt to answer that question, as well as a few others.
What’s Involved in a Wrongful Death Claim?
When people die because of another misconduct or negligence, the victim’s surviving family members may sue for the wrongful death. Most claims arise after a criminal trial; they use similar evidence, but the standard of proof is much lower. Regardless, a person found liable for a wrongful death may not be convicted of a criminal offense linked to that death.
Who Can File a Claim for a Person’s Wrongful Death?
Although the question is simple, the answer is not. Most state laws provide that a decedent’s beneficiaries can file; this includes the person’s children, spouse, parents, siblings, grandparents, domestic partners, and dependents. Wrongful death attorneys in Oahu can provide additional advice on filing for, documenting, and winning a claim for a person’s wrongful death.
Losses to the Estate and Limitations on Wrongful Death Claims
Some jurisdictions use the ‘losses to estate’ system, which limits the filing of a claim to the estate rather than the beneficiaries. In such areas, an estate representative may bring a case for compensation. Here, the representative would file the claim under their name, but recovered damages would be distributed to the estate’s beneficiaries. For instance, in Hawaii, a person must be a decedent’s child, blood relative, or dependent spouse to file a claim for wrongful death.
Call Now for Legal Advice
A person’s death is an overwhelming experience for their family, but it’s even more so when the death was due to another person’s actions. If a family member has questions about a wrongful death case, or if they believe they have a valid claim, there’s help available from wrongful death attorneys in Oahu. Call the firm to schedule an appointment or visit Autoaccidentattorneyhonolulu.com to learn more.
