Learning that someone you cared about died because of the actions or failures of another person or an organization can be very upsetting. There is, however, a process for seeking compensation for your loss under American law. Before you move ahead with a case, you should learn a bit about how the system works and how claims tend to unfold.

Standing Before the Court

The absolute first question in any wrongful death case is whether the plaintiff has the standing to file a claim or a lawsuit. Your legal right to seek damages as the result of the loss of someone you loved is tied up in your direct relationship to that individual. Generally speaking, wrongful death claims are limited to minor children, parents of minor children, and spouses.

Some states will humor initial arguments from individuals such as adult siblings or business partners, but there needs to be a massive amount of evidence that the harm done by the death was injurious in a manner similar to those who readily have standing. In most states, these types of cases will be dismissed without any review. A relationship such as in loco parentis may also be deemed valid, but it will likely be subject to scrutiny prior to the case going ahead.

Is It a Claim or a Suit?

A wrongful death lawyer is by definition a type of personal injury attorney. In the vast majority of injury cases, settlements are ultimately pursued as insurance claims. Wrongful death cases are a little more likely to become lawsuits because responsible parties may have no insurance or may be considered self-insuring. For example, many larger municipalities are self-insuring.

In some instances, there may also be questions about whether an insurance policy covers the death in question. Neurological damage from contact sports, for example, is something that insurers increasingly refuse to cover in policies. If a child were to die due to head trauma during a football game, there might be questions about whether the parents can advance an insurance claim or if they'll need to sue the league.

Pursuing a Settlement

Regardless of how much you might want to see responsible parties pay for having hurt your loved one, the goal of the system is to arrive at a settlement, if possible. Negotiations typically ensue alongside a discovery process, and an offer will usually be made if the claim appears to be valid.

Talk to a wrongful death attorney for more information.

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